Why use a written contract?
- Establishes common agreement with customer (avoids confusion)
- Preserve Mechanic’s Lien rights
- Required by law for licensed residential contractors
Sample contract provisions
- Identify contracting parties
- Identify contract documents
- Define the work to be performed
- Price and payment times/amounts
- Mechanic’s Lien Pre-lien Notice (often required)
- How change orders/extras are to be handled
- Warranty rights
- Express warranties
- Statutory warranties (required)
- Disclaimers (examples)
- Underground utility lines
- Pre-existing conditions
- Peril damage
- Mold
- Statute of Repose (Minn. Stat. §541.051)
- Collection costs (including attorney’s fees)
- Dispute forum/Arbitration
- Venue
- Force majeure
- Home solicitation language (if appropriate)
- Formaldehyde Notice
- Liquidated damages
Contracts to consider
- Construction Proposals
- Exterior Construction Contracts
- Remodeler Contracts
- New Construction Contracts (customer’s lot)
- New Construction Contracts (builder’s lot)
- Design Agreements
- Subcontractor Agreements
- Sales Representative Agreements
- Non-compete Agreements
Terms of Use for this Checklist
This information is being provided as general educational materials by Alden Pearson, P.A. It is not specific legal advice to you and does not create an attorney-client relationship. We encourage you to obtain competent legal advice from an attorney in preparing your construction contracts.
