|problems with contractors?||<– Date –> <– Thread –>|
|From: Denise Meier and/or Michael Jacob (dmmjwco.com)|
|Date: Wed, 10 Jun 1998 12:10:55 -0500|
We are on the verge of signing a contract with our builder to start building our 14 units plus common house. Some of the members of our groups, having heard about problems that Berkeley Cohousing had with their builder, want us to write a contract containing protective clauses regarding the specific troubles Berkeley had, and have it reviewed by a lawyer. Our project manager and several of our development group members are advising that using a boilerplate contract and maintaining good lines of communication with the builder should be enough, and that including punitive clauses and super-careful language sets a tone with the builder and the subs that we are prepared to go to litigation at the drop of the hat, and therefore encourages them to spend (waste) a lot of time documenting anything that might mitigate any liability that they might have for errors and/or delays. They also caution that hiring a lawyer means the lawyer becomes liable for the effectiveness of the contract and encourages them to leave no stone unturned, no I undotted, and will run into big money pretty quickly (and might result in a contract the builder would be unwilling to sign without hiring his own lawyer, and then we're off into never-never land!!) While hearing and understanding all these cautions, all of us are still pretty nervous about signing a contract for such a huge amount of money and don't want to be foolhardy. So......I've been delegated to ask if any groups (besides Berkeley) have run into serious problems with their builder, and what, if anything, could have been done ahead of time to prevent these problems. Thanks in advance for any help! Denise Meier Two Acre Wood Sebastopol, Northern California
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