An attorney thinks about construction

Richard Vetstein is a real estate attorney in Framingham. In a recent blog entry, he wrote about a topic near and dear to my heart (and Scott’s heart, too): home repair and construction.

Since Richard is an attorney and thinks like an attorney, he has an attorney’s take on how to handle contractors. He writes:

Sign A Written Construction Contract In Compliance With Massachusetts Home Improvement Law (General Laws Chapter 142A)

The Massachusetts Home Improvement Law provides the bare minimum of what is required to be in home improvement contracts over $1,000, but most contracts supplied by the contractor are non-compliant and terribly one-sided.

Here’s what you need in your home improvement contract:
1. The home improvement contract must be written, dated, and signed by both parties…
2. The home improvement contract must provide the start date of the work and the date of “substantial completion.”
3. The home improvement contract must provide a detailed description of the work and materials involved. I suggest incorporating that detailed estimate provided by the contractor… (You can attach it as an exhibit or addendum to the end of the contract).
4. The contract must detail the scope of work, being as specific as possible. I cannot emphasize this enough. Itemize the exact type of materials involved (Andersen windows, California paint, Italian ceramic tile, etc.), and work to be performed (full kitchen remodel with installation of new flooring, appliances, etc.). If you are not specific in the contract, and there’s a problem later, your claim will be severely weakened, if not dead on arrival.
5. The contract must provide the total contract amount and the timing of progress payments…

I don’t know the Massachusetts Home Improvement Law. Yet I have never had contracts between me and a contractor reviewed by an attorney. I have gotten by, so far, on detailed written contracts, signed by the right entities. The worst thing that happens is late completion. Given my experience with work completion dates, I wouldn’t know what to put in for a “substantial completion” date. Do you think putting the date in the contract would help get it done on time?

Do you follow these guidelines? Have you had success using them? Have you had problems not using them?

Also, now that Attorney Vetstein is on board, do you have questions for a real estate lawyer? Let me know!