Contracts

[Linto]

We've finally managed to get a somebody to agree to do the building work for our new roof, so I'm now thinking of contracts and what is needed in them (or even if one is needed).

We've agreed that I'll pay for materials when I'm invoiced for them (and seen them on site). 

So how do I formalise this sort of agreement, or do I need to? Is a trail of texts and emails enough?

[nod]

You probably don’t need a contract 

Contracts are notoriously hard to in-force 

Though I would get something in writing for timescale 

Weather permitting 

man’s also payment terms 

I would ask for a copy of there public and employers liability 

Then you should be good to go

 

[CharlieKLP]

11 minutes ago, nod said:

You probably don’t need a contract 

Contracts are notoriously hard to in-force 

Though I would get something in writing for timescale 

Weather permitting 

man’s also payment terms 

I would ask for a copy of there public and employers liability 

Then you should be good to go

 

That’s technically a contract! 
 

I think for the sake of your peace of mind, it’s worth just having one. They can be free and easily downloaded, or just see what your contractor usually uses. 
 

if something goes wrong (and roofs go wrong) you want it all in writing and agreed.

[Gus Potter]

Interesting, but if you don't want to use an industry recognised form of contract (often gives you the most protection) then don't forget to inform your home insurer. They may for example insist that your builder also has contract works insurance. Builders can purchase what is a called an "all risk" policy that is intended for small jobbing builders for example. This is different / over and above public and employers liability insurance. Employers liability insurance is a statutory requirement.

 

Say your builder / roofer goes away for the weekend and you get a burst pipe or water ingress that floods your house. Who pays?

 

If you want to not use a recognised form of contract then at least check to see if your builder owns their own house, it is not a matrimonial home, is not a limited company, then in the worst case you may have an asset to go after but that is to be avoided if you can.

 

You can find info on the net about contracts, I have written some stuff as have others on the internet. You may be paying in cash.. I've written about that too.

 

All the best, but continue to be cautious.

[nod]

31 minutes ago, CharlieKLP said:

That’s technically a contract! 
 

I think for the sake of your peace of mind, it’s worth just having one. They can be free and easily downloaded, or just see what your contractor usually uses. 
 

if something goes wrong (and roofs go wrong) you want it all in writing and agreed.

The problem you have is

If you want a cast iron guarantee 

You looking at a larger company Which will cost 

There are very good contractors out there in all trades that are small time 

and easily spooked by talk of contracts 

[CharlieKLP]

2 minutes ago, nod said:

The problem you have is

If you want a cast iron guarantee 

You looking at a larger company Which will cost 

There are very good contractors out there in all trades that are small time 

and easily spooked by talk of contracts 

Lol that would bother me. If someone refuses to sign a contract then they are out to screw you. 
 

a fair contract shouldn’t spook anyone right?

[Gus Potter]

2 minutes ago, CharlieKLP said:

a fair contract shouldn’t spook anyone right?

Argree @CharlieKLP

 

There is no free lunch in this world. No contract the more risk the customer takes on board. Contracts written by builders themselves tend to favour themselves.

 

It's a big and emotive subject.

 

 

[ETC]

Get a contract. NEC or JCT.

[jamieled]

37 minutes ago, CharlieKLP said:

Lol that would bother me. If someone refuses to sign a contract then they are out to screw you. 
 

a fair contract shouldn’t spook anyone right?

Much building work at the smaller end of the market goes ahead and is completed to a high standard without a contract with nobody trying to screw anyone.

 

Would agree that a fair contract shouldn't spook anyone. Many trades will not necessarily be able to get access to the legal insight required to understand if a contract is fair, hence the reticence to go anywhere near them for the small jobs.

 

The legalese can be tricky to understand and many off the internet type contracts often have legally dubious clauses in them.

[saveasteading]

1 hour ago, nod said:

a copy of their public and employers liability 

This is often 'not to hand', 'haven't got a hard copy', or a poor copy.

When you do see it, look at what it is for. Roofing insurance costs a lot more than general building. There may be a clause that excludes roofing, or working above  a certain height.

I had a roofer once, all set to work at 10m above ground, whose insurance certificate said he was a metalworker, limited to work up to 4m (He had taken the cheapest cover available). We had to take out cover for him.

 

Hopefully none of this applies to yours....but if there was an accident then you need to have carried out reasonable enquiry.

[nod]

6 hours ago, saveasteading said:

This is often 'not to hand', 'haven't got a hard copy', or a poor copy.

When you do see it, look at what it is for. Roofing insurance costs a lot more than general building. There may be a clause that excludes roofing, or working above  a certain height.

I had a roofer once, all set to work at 10m above ground, whose insurance certificate said he was a metalworker, limited to work up to 4m (He had taken the cheapest cover available). We had to take out cover for him.

 

Hopefully none of this applies to yours....but if there was an accident then you need to have carried out reasonable enquiry.

Really 

When you take out a Public liability policy The policy is always emailed to you and it clearly states you business 

Any exclusions are clearly stated 

Such as working at height 

By law Any self employed must have PL or be covered by an employers liability policy 

I would run a mile from any contractor that didn’t have there’s to hand 

[saveasteading]

6 hours ago, nod said:

would run a mile from any contractor that didn’t have there’s to hand 

That is my point. I have come across it several times, and I know many a QS etc who has not noticed/ not wanted to notice.