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Description of the Work
The
contract must include a description of the work to be done, the materials to be used, and
the equipment to be used or installed. Also, a plan and scale drawing showing the shape,
size dimensions, and construction and equipment specifications for a swimming pool and for
other home improvements must also be included as part of the contract. Make sure the
contract includes everything that is agreed to, up to and including complete cleanup and
removal of debris and materials, and special requests like saving lumber for firewood or
saving certain materials or appliances.
Remember, the word "contract" means "to agree." The more effort
that is spent in spelling out in as much detail as possible what will be done on the job,
the less the chance that there will be a misunderstanding.
Therefore, the contract should be as specific as possible regarding all materials to be
used, such as the quality, quantity, weight, color, size, or brand name as it may apply.
For example, the contract should say "install oak kitchen cabinets, manufactured
by Company XYZ, model 0138 1A, as per the plan," not just "install kitchen
cabinets."
Describing the job: the
good, the bad, the ugly
The Good |
The Bad |
The Ugly |
| Install Kitchen Cabinets Manufactured by Company XYZ, model
ABC, per plan |
Install oak country style kitchen cabinets |
Install some cabinets |
| Paint indoor entry (per plan) using brand X paint, color
ABC, two coats, with preparation described in next paragraph. |
prep and paint entryway with blue paint |
paint the entry |
| Brand X kitchen faucet in style ABC and color BCS. |
kitchen faucet replaced if necessary |
kitchen fixtures |
Change Orders
Change Orders: Disputes frequently arise over "changes"
or "extras." First of all, in order to determine if something is an extra
or outside the scope of the original agreement, contractors must be able to accurately
determine what the original agreement says. If the original agreement is well defined and
in writing, it will be much easier to determine if something is an extra.
Change orders are required to perform extra or changed work. Change order forms become
a part of the contract and must clearly set forth the scope of the work and the price to
be charged. They must be in writing and must include:
- the name, address, and contractor's license number;
- signatures of both parties to the contract;
- approximate dates when the work will begin and be completed;
- a legal description of the location where the work will be done, and include the "Notice to Owner" mechanics' lien
statement.
Business and Professions Code Section 7159(h)
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