After growing a successful GC business from $0 to $15M over the last 5 years, me and my partner are now starting anew with our own company, Carbon Zero Buildings. We develop design and install multitrade energy and water upgrades like heat pumps, boilers solar, etc. Our customers are owners and operators of large multifamily properties. Our typical project size is $150,000, but ranges from $20,000 to $2M. We would like to start our business with a solid prime contract template that works for our business and our customers. And we will need the same for our subcontractor agreements, too. Can we get by with using standard templates like AIA or ConcensusDocs? Or LegalZoom or RocketLawyer? Or would we be better off hiring a lawyer to provide us with a custom template who understands the nuances of California law and/or multifamily real estate? We are on a start up budget but willing to make the investment if necessary. Any advice would be greatly appreciated.
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Thanks for your detailed response Kate. Yes, I would like to connect with one of your team members to see if there is a good fit.
Hi Greg,
I agree that contractors should avoid the AIA contracts, they really are the worst.
That said, it is a smart choice to use template contracts. Here is why:
- Most construction attorneys are familiar with the standard template contracts, which means it reduces their time to negotiate them. If opposing counsel receives a custom contract, they likely need to spend more time reviewing and cross-referencing its provisions.
- Many times owners will refuse to use a contractor's contract, and if it comes down to it, will force the contractor to use their custom contract instead. In that situation, I have had luck suggesting a template contract as a neutral choice.
- Template contracts are regularly updated by industry experts as the law changes. Typically they are put out by organizations (such as the Associated General Contractors of America) that have legal committees that review them.
- Template contracts are cheaper than custom contracts. There are typically a family of associated contracts of different types. Some examples: Construction Management; Design Build; Subcontracts; Lump Sum - having attorneys custom draft each of these can get fairly costly.
- If the attorney who drafted your custom contract leaves or is not available, the next one who picks it up will have to do a thorough review of it before advising you on it. The same is true of template contracts, but since most construction attorneys are familiar with the tempate constuction contracts their review time can be quicker.
All that said - stay away from AIA contracts!
I would highly recommend using Consensus Docs (see: https://www.consensusdocs.org/), even if you hire an attorney. The cost of accessing their database full of contracts is likely less than the cost to have just one custom drafted.
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Owners frequently object to a contractor's contract and, if necessary, force the contractor to adopt their own unique contract. pizza tower
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