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The Importance of Written Contract (3)

Legal contract The Importance of Written Contract (3)The long and the short of it: We had no written contract, so in small claims court, it was the roofer’s word against mine. He even argued successfully that, by installing the flashing “dam,” he was adhering to the ten-year guarantee. The repairs made by the second roofer cost $1,000. But there was a written contract for that job, I assure you.

Written contracts offer both you and your contractor the best protection from misunderstandings that might lead to an unfinished, poorly done job and prolonged legal battles. Before you sign the contract, if you don’t want to have it reviewed by a lawyer, look over it yourself and change or delete sections that cause you concern, especially ones that might cost you money unnecessarily. Then sit down with the contractor and negotiate these sections. Because you haven’t signed the contract, you have plenty of time to iron out these difficulties.

Even after the contract is signed, you have a three-day cooling off period. This is called a right of rescission and is guaranteed to consumers under the federal Truth in Lending Act. The right of rescission gives you three business days after signing the agreement to cancel it, if the contract was signed anywhere except the contractor’s place of business. Your right of rescission is enforceable in court.

If you are about to spend $150,000 for an addition, make sure you spend a little more and have a lawyer either prepare the contract or at least review the one provided by the contractor. $150,000 is too large a sum to risk to just a handshake, no matter how firm it is.

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