Timber Framers Guild Forums General General Forum Questions Contracts and Proposals

I have a question for anyone who would be willing to help me out. I'm not new to timber framing but my projects are getting bigger and I don't have much experience with drafting contracts. If anybody would be willing to advise me or show me a sample of a contract you have provided for a timber framing project I would greatly appreciate it!

Also, what sources did you have for learning to draw up contracts?

Barry, good question I as well would find the results helpful. The last few issues of Scantlings has been touching on the topic. It can be a lengthy contract or a short and sweet set up. I work on a small local scale and my contracts reflect that, some times it is as simple as a Bill of Sale. Other times, a bit more detailed and I wished I had put more detail into it. Tim

Check out the Contractors Legal Kit from JLC.
Brad

ppssstttt. Derek, you have a link to such a contract? Tim

Tim,

The AIA contracts are extremely cumbersome, and are heavily biased towards protecting the architect (at the expense of the GC). I'd stay away.

Brad

Brad, my curiosity is based on just how complicated such a contract could be. If it is any thing like the detail the architect are capable of then your statement is very true. What's the slogan? CYA. I find architects drawings limiting. They have their place. I like to see some flexibility in the building process. I guess that means Change Orders should be added to the boiler plate want list. Tim

I'm a lawyer, but I wouldn't call myself a timber framer yet. Nor do I have a construction background. I just ordered the timbers for my first frame (for me), and hope to get it up next year. I would like to timber frame and not lawyer, but that's more complicated than building one for just my wife and me.

Most of the contracts I see contain all kinds of stuff that never ever apply to the job. It's junk that is needed just in case that one in a million situation develops. But these are tried and true contracts that banks that lend and builders who build (and all the lawyers) like to see and use. You probably need to have all this.

But think about what really matters to you and put it down in the contract. Things like (1) giving the timber framer permission to vary somewhat from a design because of the characteristics of a particular timber or for aesthetics (that are in the eye of the timber framer), (2) common joinery tolerances when cut, when erected (and what happens if you have to wait a long time in between), but a recognition that not everything is going to be to within 1/16th of an inch, (3) a description of what commonly happens to frames, such as checking and shrinkage, over time, and (4) the payment schedule for timbers and your work. All of these things might scare off some customers, but it's better to talk about them up front than to worry about the phone call a few years later. I am sure that many timber framers have contracts that take this stuff (and much more) into consideration, but I have never seen any of them.

Derek, you are starting to turn on some light bulbs. So, if a person is only selling an item and not contracting a job would one need a contract? Why not stick with a bill of sale? Lawyer comments....

Tim

I just want to thank those who responded to my question. This has cetainly increased my confidence in the way I was already handling business.

It seems like some people are very long-winded in their contracts and some - like me - are more short-winded and to the point.

Thanks again.

DKR,
Thanks! and Good luck with your frame.
Your list of items for a contract is good. I need to do more contracts. Often a handshake is it. But it really wouldn't need much on paper.
dave