Construction Contract Crash-Course | Expert Webinar

How can you protect your payment upfront with an airtight construction contract? How can you enforce a contract to resolve payment disputes? Find out the answers in the expert webinar today!
Our Experts for this session are:
- Jason Lambert - Attorney, Nelson Mullins Broad and Cassel
- Seth Bloom - Senior Director of Attorney Services, Levelset
Table of Contents
00:00 - Intro
01:52 - Discussion Points
02:39 - Construction Contract Basics
08:51 - How to Prevent Payment Problems
14:33 - Problem Customers
21:14 - Problems with Payment
28:01 - More Problem Customers
29:30 - Contract Enforcement
29:36 - Contact Info
#ConstructionContract #BuildingCourse #SecurePayment
Still have questions? Get FREE help today from lawyers and experts here: www.levelset.com/payment-help....
-Is it legally required to have a construction contract?
For most states, it is legally required that you have a contract to support the lien because usually the lien claim amount is going to relate in some way to your contract.
-What are the basics of a construction contract that contractors should know?
Your construction contract is going to spell out the required terms for you. It's gonna put the price of your work, the scope of your work, timelines for completion, and set forth your responsibilities in terms of what you're providing as a contractor. It also sets forth your customer's responsibilities in terms of when they have to pay you, when they have to get you selections.
-How can I enforce construction contracts to deal with problems?
A common area where a problem customer will arise towards the end of a project is a cost plus project or a cost plus a fee project because maybe they've had a lot of times there's not necessarily a great budget to go off of for the entire project and as you start to wind down, maybe they've started to run out of funds or maybe they still haven't made up their mind on some particular selections and so they're, they're delaying the project which is delaying you finishing and maybe collecting a sizeable amount of money or a percentage that you're owed and wonder if there's a few ways that you can incorporate language into your contracts to deal with these types of problem customers. You can certainly set deadlines for when selections have to be made and include even liquidated damages provisions or penalties in there too to help enforce that. You can set provisions for when the job site has to be available, not just times during the day, but also you know that the customer, if they're going to disappear for two weeks in Europe on a vacation, they've got to let you know that or make sure that the property is still gonna be available for work. This works also between subcontractors and contractors. If the contractor's going to go out of town for two weeks and so instead of paying everybody on a weekly basis, he's going to pay people when he gets back. Requiring notice of that can really help a job run more smoothly and you also can start to insert termination provisions in your contract.
-How can we deal with the problems where customers make threats as to giving a bad review or sort of tarnishing a contractor's name around the neighborhood?
One, you can always define in a contract what's going to constitute a material breach of it. So you can say, Hey, if we're in the middle of work and you leave a bad review on our, on our company while we're in the middle of work, that's a material breach and we have the right to stop work, withdraw and you know, sue you for damages or claimed damages against you for that.
The other thing that I've had a lot of clients start doing is going ahead and including a non-disparagement provision in the contract that covers social media, you know, verbal conversations, things like that.
-How can I enforce my construction contract to resolve payment disputes?
Arbitration is a very common or popular option.
Levelset’s mission is to empower contractors to always get what they earn. Levelset’s products help millions in the construction industry each year to make payment paperwork and compliance easier, get cash faster, monitor the risk on jobs and contractors, and better understand payment processes and rules. The results are faster payments, access to capital, and fewer surprises. Backed by investors like Horizons Ventures, S3 Ventures, Altos Ventures, Operating Venture Capital, and Brick & Mortar Ventures, Levelset is headquartered in New Orleans, Louisiana, with offices in Austin, Texas, and Cairo, Egypt, and is over 200 employees strong. Learn more at www.levelset.com.
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[@evangelstrategies]

Wow, this was sooooo contractor-centric (but clients and consumers can learn from it and use some of the great information for their advantage)! And that last one, the "disparagement" clause, especially after a job had been done, may not necessarily stand-up in court (where's the element of freedom of speech in that one?). But overall, a solid presentation from two skillful attorneys taking care of their specific audience -- residential, building, or general contractors.

[@janicebrown299]

If you have a slip and fall on a contract site who you sue subcontractor are who own the property

[@RicardoGarcia-xh7xw]

how can I get ahold of you? I need your services to create a contract. I am in California.

[@Levelset]

Ricardo, We'd love to help you with a contract. Get in touch with us here: www.levelset.com/contact-us/

[@Philipmgabler]

Why tf did you just let them ask questions? He was down to answer them… where did you have to go?