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The Owner Contractor Contract Agreement – Critical for New Bathroom Construction

An owner contractor contract agreement is critical for any type construction or remodeling.  New bathroom construction and even bathroom remodel ideas on a budget require a financial, time, and resource investment that needs protecting. 

If the project is a simple small bathroom design or if only minor bathroom remodeling is required, an itemized work-order might suffice.  But more complex projects like home bathroom spa ideas or modern home bathroom designs make a formal contract agreement between owner contractor necessary.  Whether a formal contractor contract form or a simple work agreement is used, both the kitchen bathroom contractor and homeowner must sign the contract.  Or the owner contractor contract agreement will not be legally binding.

Before Beginning New Bathroom Construction

Before hiring a kitchen bathroom contractor or signing a contractor contract agreement form, research to find the best bathroom contractor for the job.  Select the best bathroom contractors with the skill and expertise required to turn your dream home bathroom or bathroom remodel ideas on a budget into welcomed reality.  Follow these simple steps:

1. The best bathroom contractors have ample experience developing bathroom renovation plans similar to your own dream home bathroom or small bathroom design ideas.
2. Consider only remodeling bathroom contractor candidates that meet state and local license and insurance requirements. Note: Check online to determine state regulations.  Contact the Secretary of State to make sure new bathroom construction contractor candidates can legally perform services in that state.  The best bathroom contractors often exceed minimum requirements and enhance their bathroom remodeling services.  Holding additional credentials such as plumbing, electrical, or gypsum drywall specialty.
3. After selecting 3 - 5 good kitchen bathroom contractor candidates, meet with each separately.  Request insurance information; ask questions to verify that their skill and experience level meet your requirements.  Request proof of diplomas, certificates, and licensing.  Ask for names of references and contact information.  Also ask to see photos of recently completed modern home bathroom designs and other bathroom remodeling projects.  Note: verify insurance requirements are up-to-date.  Contact references to make sure they check out.  Ask whether they enjoyed working with the contractor, if bathroom remodeling workmanship was satisfactory, whether the contractor stayed on budget, if new bathroom construction was completed on time, and whether they were happy overall with the services provided. Ask if they would recommend the bathroom remodeling contractor to other homeowners.  If not, why?
4.  Discuss your dream home bathroom or small bathroom design ideas with each candidate.  Listen carefully to each candidate’s ideas and suggestions.  Make sure you understand all bathroom remodeling details.  Including installation/repair needs, materials required, and projected time frame.
5. Obtain bathroom renovation estimates from each remodeling bathroom contractor.  To fairly compare all bathroom renovation estimates, make sure you understand the breakdown of bathroom renovation costs for materials and services. Note: bathroom renovation estimates are ball-park figures only.  Bathroom renovation estimates are not binding and are subject to change.  Before hiring a kitchen bathroom contractor or signing an owner contractor contract agreement, request a formal bathroom renovation costs bid.  One that includes all expenses associated with the bathroom remodeling project.

Once you have selected the best bathroom contractor for your dream home bathroom, schedule another meeting.  This time to finalize arrangements and get every aspect of your home bathroom spa ideas or new bathroom construction in writing.  Use a free owner contractor contract agreement or other type contractor contract form.  Note: get everything in writing before hiring any kitchen bathroom contractor.  Make sure the contractor contract agreement form is signed by both parties before starting bathroom remodeling construction.

The preferred outline for the contract agreement between owner contractor depends upon the extent and complexity of the bathroom remodeling project.  For minor renovations or a small bathroom design update, a 1 - 2 page work order might suffice.  For more complex modern home bathroom designs or for extensive new bathroom construction, a fully-detailed owner contractor contract agreement works best. 

Note: find free contractor contract forms or printable contractor contract agreement form templates online.  Search using the terms “sample contractor contract forms” or “free owner contractor contract agreement.”  If using a standard contractor contract agreement form, be sure to fill in every blank.  For aspects not applicable to your small bathroom design or dream home bathroom write “N/A”.  Amendments to free contractor contract forms should be added before signing, initialed by both parties.

How to Formulate a Contractor Contract Agreement Form

Once you have found the best bathroom contractor for the job, get everything in writing.  A signed contract agreement between owner contractor is a legally binding agreement.  Each owner contractor contract agreement should clearly define every aspect of the project.  Regardless if it entails a small bathroom design cosmetic makeover, or totally new bathroom construction.

The best bathroom contractors are adept at developing a comprehensive contractor contract form.  Even so, it is the responsibility of the homeowner to ensure the scope of the bathroom remodeling project is clearly and concisely defined in the contract.  This includes but is not limited to:

• Extent of the modern home bathroom designs or home bathroom spa ideas.
• Licenses and permits required for the bathroom remodeling, and who is responsible for obtaining each - homeowner or kitchen bathroom contractor?
• New bathroom construction or bathroom remodel ideas on a budget costs (new bathroom construction material costs, fixtures, features, and labor).
• Small bathroom design or modern home bathroom designs materials list - including unit price, # of units, and total cost for each.
• Dream home bathroom work schedule - significant completion dates in addition to completion date.
• Warranty information for bathroom remodeling materials as well as kitchen bathroom contractor workmanship.
• Proof that remodeling bathroom contractor license and insurance requirements are met.  A statement they will remain up-to-date for the project’s duration.

In addition to the above, the owner contractor contract agreement should specify how the dream home bathroom worksite will be left after each workday.  Specify who will be responsible for removing bathroom remodeling debris (including old features and fixtures).  The best bathroom contractors will make provision for this within bathroom renovation estimates, as part of the overall bathroom renovation costs.

Again, whether using standard contractor contract forms, free contract agreement between owner contractor templates, or a unique owner contractor contract agreement - include every aspect of the project, large or small.  Get everything in writing in a signed and dated contractor contract agreement form.

New Bathroom Construction Contractor Contract Forms Vs. Verbal Agreements

New bathroom construction and even bathroom remodel ideas on a budget represent an investment the homeowner needs to protect.  For that reason, relying on oral promises or a verbal agreement is haphazard.

Verbal contracts are difficult to prove, leading to disputes that are time consuming, energy draining, and risky - with no guarantee of outcome.  And because free owner contractor contract agreement forms and templates for a contract agreement between owner contractor are readily available, such disputes are avoidable. 

Homeowners who enter into a verbal agreement with a kitchen bathroom contractor will run the risk of loosing hundreds, even thousands of dollars.  While tied up in red tape and legal issues that could take months to resolve, with an uncertain outcome - even when in the right. 

Even when both homeowner and remodeling bathroom contractor are trustworthy, verbal agreements made before work begins can be difficult to recall 3 - 4 months into a modern home bathroom designs project.  The best bathroom contractor for the job will not only be willing to sign written contractor contract forms.  They will insist upon a detailed owner contractor contract agreement.

Developing a Good Contract Agreement Between Owner Contractor

A good contract agreement between owner contractor does not simply outline the bathroom remodeling project.  It provides detailed information about every aspect of the modern home bathroom designs or new bathroom construction.  Even a standard work agreement for a  small bathroom design makeover or bathroom remodel ideas on a budget should include:

• Full names, addresses, and contact information of both the homeowner and kitchen bathroom contractor.  If the bathroom remodeling contractor works for a company, include the full name of the company, mailing and physical address, and contact information.
• Physical address of the new bathroom construction site.
• Start and projected completion dates.  Specify dates when significant stages of the project should be completed. Include acceptable reasons for delays. (Weather, material availability, shipping delays, etc.)
• Remodeling bathroom contractor work schedule; assurance that the contractor will be present each workday.  To oversee each aspect of construction and ensure contract terms and building code requirements are met. Note: homeowners should specify within the owner contractor contract agreement that the contractor will not take on an unrelated 2nd kitchen remodeling project, until the project at hand is completed. 
• Detailed outline of the dream home bathroom plan.
• Assurance the kitchen bathroom contractor will comply with all government agency regulations for construction site health, safety, and environmental standards.
• Detailed materials list itemizing new bathroom construction needs.  Including materials, features, fixtures, etc.  Specify each item’s quantity, type, series, size, model, brand, and grade.
• Details of all bathroom renovation costs.  Include itemized costs for labor, new bathroom construction costs, and bathroom renovation costs for materials.  Include payment amounts and scheduled due dates.
• A statement that remodeling bathroom contractor insurance requirements are met; specify coverage, policy number, and provider contact information.  Include names of the company and agent, address and telephone number. 
• The owner contractor contract agreement should include assurance of full compliance with all building codes.
• Aspects of the project contracted out to a third party, such as a plumber or subcontractor. 
• Specification of any permits required; zoning, building, electrical, septic, plumbing, etc.  Include who is responsible for obtaining and paying for each. Note: usually the bathroom remodeling contractor will retain all permits until project completion and/or final payment.
• Proof that the remodeling bathroom contractor, whether a new bathroom construction builder or licensed modern home bathroom designs professional, meets all legal requirements.
• Proof that the bathroom remodeling crew meets proper license and insurance requirements.  Note: it is the responsibility of the homeowner to ensure that contractor insurance requirements are met. The best bathroom contractors will obtain proof of insurance for all subcontractors and laborers.  Homeowners should review their own insurance policy, to make sure they have adequate accident coverage for the duration of the dream home bathroom project.
• All product warranty information, including third party.  Note: the owner contractor contract agreement should specify that the contractor should provide the homeowner with all written warranties once work has been completed and payment received.
• New bathroom construction and bathroom remodeling workmanship warranty information.
• Stipulation of who is responsible for bathroom remodeling site clean-up after each workday.
• A clause protecting the homeowner against property liens from charges or debts incurred by the kitchen bathroom contractor. (I.e. failure to pay a subcontractor, unpaid costs for materials, etc.)  Note: the owner contractor contract agreement should specify that lien waivers will be signed by the modern home bathroom designs contractor, subcontractors, and suppliers at completion of significant stages of the project, also be stated in the contract.  Once payment is received, the bathroom remodeling contractor should pay subcontractors and suppliers.  Waiver documents should be signed by all parties, and then presented to the homeowner.
• Dispute resolution methods to be used by the kitchen bathroom contractor and homeowner, should problems arise.  Include a dispute resolution time limitation. Wording in the contract agreement between owner contractor should be precise and in compliance with state and federal laws.  Note: the usual process for resolving disputes is to refer to the terms of the contractor contract or standard work contract form.  The kitchen contractor and homeowner should discuss the dispute amicably, in a private, distraction-free setting.  In the event of an impasse, legal intervention is usually sought.  The owner contractor contract agreement should specify a 3rd party negotiator for unresolved disputes.
• A clause describing how to handle “change orders”.  Unforeseen changes, additions, or deletions that occur after small bathroom design or home bathroom spa ideas construction begins.  The contractor contract agreement form should specify how these changes will be carried out.  Change orders are usually discussed and added to kitchen bathroom contractor contracts by mutual agreement, as a signed and dated amendment.  
• The right to rescission, allowing the homeowner 36-hours after signing to void the owner contractor contract agreement, without reason or penalty.  

Regardless if using a self-developed contract agreement between owner contractor or a printable contractor contract agreement form, contractor contract forms should protect the rights and concerns of both the remodeling bathroom contractor and homeowner.  Note: use sample contractor contract forms as a guideline to develop your own unique contractor contract agreement form.  Select one of the free contractor contract forms available on the Internet.  Or visit the American Institute of Architects online at www.aia.org to download a reasonably-priced contractor contract agreement form.

The contractor contract agreement form should clearly define in detail the scope and limitations of new bathroom construction or dream home bathroom renovations.  Note: it is prudent to have a real estate lawyer who is familiar with building and renovation laws review the owner contractor contract agreement before it is signed.  To make suggestions, necessary revisions, and advocate the best bathroom contractors contract possible.  To protect you, your family or business, and your bathroom remodeling investment.

Some homeowners may ask, “If I really believe my kitchen bathroom contractor is the best bathroom contractor for the job, why have a 3rd party review the contract agreement between owner contractor?”

As the project owner, you will be held responsible for all bathroom renovation costs.  Once the contract is signed and construction starts, you will be legally responsible for all details of the bathroom remodel ideas on a budget or dream home bathroom construction.

While you want to build a trusting relationship with the kitchen bathroom contractor just hired, you must ensure your interests are protected, financial and otherwise.  An experienced remodeling bathroom contractor will appreciate this, and will not be offended.

Unique Owner Contractor Contract Agreement Vs. Free Contractor Contract Forms

Each dream home bathroom or home bathroom spa ideas project is distinct, with unique elements and needs.  For that reason a unique contract agreement between owner contractor is preferable.  However, with proper revision and inclusions, even standard contractor contract forms can be customized to be detailed and precise.  Making pre-printed or free contractor contract forms a viable option for nearly any type new bathroom construction.

Once filled-in and signed, a pre-printed contractor contract agreement form not only suffices.  It is as legally binding as a unique owner contractor contract agreement drawn up by a licensed kitchen bathroom contractor.  Or a contract agreement between owner contractor developed by a lawyer.

If pre-printed examples of contractor contract forms are used, be sure to:

• Fill in every blank – leave no empty spaces on the contractor contract form.
• Strike out clauses you don’t agree with, or that do not pertain to your new bathroom construction.
• Fill in all non-relevant aspects of the free contractor contract forms with “N/A” (not applicable).
• Write in new clauses before signing the owner contractor contract agreement.  Both parties should initial each new clause.

Protect yourself, your family, your home, and your financial investment.  Regardless if your home bathroom spa ideas or modern home bathroom designs are complex, or the new bathroom construction project entails only cosmetic changes.    Research for the best bathroom contractors before making a hiring decision.  And insist on a detailed owner contractor contract agreement, signed by both parties. 

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