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Casual Articles - Dealing With The Contract For Construction
Stimulus-Response riptions and target dates, etc... Always require a schedule from your contractor. This can be as elaborate as you like, such as a formal spreadsheet type "Gantt" chart, or as simple as a wall calendar marked up and initialed by both parties, and included by reference in the contract. This schedule must of course be somewhat flexible, and include time for weather delays, material shortages, and acts of God, among other variables, but it should NOT be open-ended!It is useful to go into an understanding of some of the finer points of maximizing responses to produce business when you want it.1) Position - There is an ugly phrase that is based upon some measure of a truthful principle It is "last liar has the best shot". Humans remember the last thing that they heard on a subject. I once got a job through an employment agency partly because the agent thought I had the best chance of getting it if he placed me in the last position for the interview. It worked. The human mind is somewhat like a computer. It processes information and retains it. It recalls it with more ease if it was the last of the stimulus received. That's why people cram for tests; the recent ingesting of information is easily recalled.2) Frequency - Reinforcement of the message causes ease of recall. (unlike computers, which recall all with the same level, emotion is a non-factor with electronic memory.) Finally we come to the Payment terms. These should include the statement "Contractor agrees to perform all work as specified, pursuant to the terms of this contract along with all exhibits and attachments, for the sum of [list contract sum here]. to be paid as follows: [list payment schedule here]". Again, the terms of payment may be as elaborate as you care to make them. I always recommend that any and all payments be tied to performance of some specific milestone or event, such Career Questions Answered - CareersCoach So you've got your drawings and design, your permits in hand, a pile of money lined up, your Contractor(s) reviewed and selected, and a gleam in your eye. Well, hang on! The most important step is yet to come before one nail hits the job. Now you have to decide how well you are going to REALLY limit your risk...Question: What do you do when you have been pushed into a role you never wanted that is causing havoc with your life? I have been asked to take on a role for the long term, after having been trained to do it for one month initially to cover someone on leave. That person has now left and I have been pushed sideways into the role, with a minimal pay rise and no consideration for my needs or wants. The role is located in a different site and I am the only representative of my company at this site as it belongs to a contractor company. It has much more responsibility and I do it well, however my basic contract conditions are not being met in this role. I am in a very uncomfortable site, with neck problems caused by the equipment I am using, and I don't get to have lunch due to the workload at the site.My contract states I am employed to work 7.5 hours each day, but I am generally required to stay between half an hour and two hours lo The first concept to get your head firmly wrapped around is this: If you didn't get it in writing, it NEVER HAPPENED. Period. This is so important, I can't stress the concept enough. I don't care if it's your brother's buddy or your Uncle John- a construction project where money changes hands in return for work is a Business Arrangement, and should be dealt with accordingly. If not, you can leave yourself open to a huge risk of loss, both financially and spiritually! No reputable contractor will have any problem whatsoever with preparing and executing a written agreement on a project- no matter WHO they are to you personally; In fact, they will admire and respect your intelligence and responsibility. You see, a properly drafted contract protects them as much as it does you... The actual Contract need not be elaborate, but there are certain sections that are vital. The first is the names of the parties or entities executing the agreement, the date the agreement is being entered into, and the legal description of the property being improved. If it is an established structure with a postal address, that full address is usually sufficient. If raw land or an unimproved lot, you will need to list the survey information which includes: the County, Township, Section, and Range, among other details. You can get this information from the title or deed, or from your local County or Township Government offices. Second, you should clearly list the entire scope of work. If you are acting as the General Contractor, you will need to prepare a separate contract for each Sub-Contractor. If you don't have drawings and specifications for the project, you will want to list exactly what you are expecting to be done: for example, remove and dispose of existing kitchen countertops; Provide and install new countertops and 4" back splash as manufactured by [insert vendor], style [insert style and type], color [insert color]. You don't need to list every screw and nail, however the "standard of work" statement "All work shall be performed in a competent, workmanlike fashion, following accepted industry trade practices" should be included. This allows you to have an impartial third party expert inspect the work and give an opinion as to the suitability of the work in case of a dispute or before making final payment (see chapter on close out). A quick and clean way to enumerate the scope of work is to attach the quote to the contract as "Exhibits". If you are satisfied that the quote you received from your chosen contractor is detailed enough, simply call it out in the contract, for example: All work to be as per the quote for [short description here], prepared by [contractor name], dated [date here], which is hereby attached as [exhibit A, B, etc...] and is/are included by reference. If you have drawings, include a reference to them as well, and list all pages, such as: "[And/Or] as per the drawings and specifications as prepared by [Architect or designer here], dated [date here], [revisions if any], sheets [list all: A-1, A-2, E-1, etc...], and is/are included by reference. After the detailed scope of work, remember to include the "Standard of Work" statement from the last section! Third, list any special conditions for the project, such as the process for dealing with change orders, working times, Insurances to be provided (both by the owner and the contractor), who is responsible for the permits and calling for inspections, allowability of overtime, performance schedules and/or expected date of completion, Milestone descriptions and target dates, etc... Always require a schedule from your contractor. This can be as elaborate as you like, such as a formal spreadsheet type "Gantt" chart, or as simple as a wall calendar marked up and initialed by both parties, and included by reference in the contract. This schedule must of course be somewhat flexible, and include time for weather delays, material shortages, and acts of God, among other variables, but it should NOT be open-ended! Finally we come to the Payment terms. These should include the statement "Contractor agrees to perform all work as specified, pursuant to the terms of this contract along with all exhibits and attachments, for the sum of [list contract sum here]. to be paid as follows: [list payment schedule here]". Again, the terms of payment may be as elaborate as you care to make them. I always recommend that any and all payments be tied to performance of some specific milestone or event, such a What Does A Truck Crash Have To Do With Your Business? ll admire and respect your intelligence and responsibility. You see, a properly drafted contract protects them as much as it does you...What Does a Truck Crash have to do with Your Business? Recently a tanker truck crashed on the Bay Bridge in San Francisco spilling its load of gasoline. The gasoline ignited and the fire collapsed a portion of the Bay Bridge. Repairs will take 4-6 months and the commute to work for 1,000’s of workers has been severely restricted. San Francisco’s authorities are strongly recommending public transportation and Working from Home.Does your company have the tools for employees to work from home? All you need is a Simplified Telephony Solutions VOIP Call Center Room designed to meet your specific requirements.By adding a virtual VOIP Call Center Room to your business, accessible through the internet, your employees can work from the comfort of home without losing touch with your customers. And you will not lose control of your employees because of our Call Centers’ reporting capabilities.A Simplified Telephony Solut The actual Contract need not be elaborate, but there are certain sections that are vital. The first is the names of the parties or entities executing the agreement, the date the agreement is being entered into, and the legal description of the property being improved. If it is an established structure with a postal address, that full address is usually sufficient. If raw land or an unimproved lot, you will need to list the survey information which includes: the County, Township, Section, and Range, among other details. You can get this information from the title or deed, or from your local County or Township Government offices. Second, you should clearly list the entire scope of work. If you are acting as the General Contractor, you will need to prepare a separate contract for each Sub-Contractor. If you don't have drawings and specifications for the project, you will want to list exactly what you are expecting to be done: for example, remove and dispose of existing kitchen countertops; Provide and install new countertops and 4" back splash as manufactured by [insert vendor], style [insert style and type], color [insert color]. You don't need to list every screw and nail, however the "standard of work" statement "All work shall be performed in a competent, workmanlike fashion, following accepted industry trade practices" should be included. This allows you to have an impartial third party expert inspect the work and give an opinion as to the suitability of the work in case of a dispute or before making final payment (see chapter on close out). A quick and clean way to enumerate the scope of work is to attach the quote to the contract as "Exhibits". If you are satisfied that the quote you received from your chosen contractor is detailed enough, simply call it out in the contract, for example: All work to be as per the quote for [short description here], prepared by [contractor name], dated [date here], which is hereby attached as [exhibit A, B, etc...] and is/are included by reference. If you have drawings, include a reference to them as well, and list all pages, such as: "[And/Or] as per the drawings and specifications as prepared by [Architect or designer here], dated [date here], [revisions if any], sheets [list all: A-1, A-2, E-1, etc...], and is/are included by reference. After the detailed scope of work, remember to include the "Standard of Work" statement from the last section! Third, list any special conditions for the project, such as the process for dealing with change orders, working times, Insurances to be provided (both by the owner and the contractor), who is responsible for the permits and calling for inspections, allowability of overtime, performance schedules and/or expected date of completion, Milestone descriptions and target dates, etc... Always require a schedule from your contractor. This can be as elaborate as you like, such as a formal spreadsheet type "Gantt" chart, or as simple as a wall calendar marked up and initialed by both parties, and included by reference in the contract. This schedule must of course be somewhat flexible, and include time for weather delays, material shortages, and acts of God, among other variables, but it should NOT be open-ended! Finally we come to the Payment terms. These should include the statement "Contractor agrees to perform all work as specified, pursuant to the terms of this contract along with all exhibits and attachments, for the sum of [list contract sum here]. to be paid as follows: [list payment schedule here]". Again, the terms of payment may be as elaborate as you care to make them. I always recommend that any and all payments be tied to performance of some specific milestone or event, such Conducting an Effective Interview ngs and specifications for the project, you will want to list exactly what you are expecting to be done: for example, remove and dispose of existing kitchen countertops; Provide and install new countertops and 4" back splash as manufactured by [insert vendor], style [insert style and type], color [insert color]. You don't need to list every screw and nail, however the "standard of work" statement "All work shall be performed in a competent, workmanlike fashion, following accepted industry trade practices" should be included. This allows you to have an impartial third party expert inspect the work and give an opinion as to the suitability of the work in case of a dispute or before making final payment (see chapter on close out).An employment interview is a goal oriented conversation in which the interviewer and the applicant exchange information. Even though interviews are a poor selection tool for most jobs, they are often the primary method used in evaluating applicants. The main players in the job interview are the interviewer and the applicant.The interviewer should have a pleasant personality, empathy, and the ability to listen and to communicate effectively. He or she should be aware of stereotyped views of the capabilities of women and minorities, and should be knowledgeable of the laws governing employment practices. In addition, a solid knowledge of the job and its requirements are indispensable to properly assess the applicants' qualifications. Through open-ended and probing questions, four major areas of information should be obtained from job candidates: job related knowledge, personal qualities as they relate to the job, willingness to do t A quick and clean way to enumerate the scope of work is to attach the quote to the contract as "Exhibits". If you are satisfied that the quote you received from your chosen contractor is detailed enough, simply call it out in the contract, for example: All work to be as per the quote for [short description here], prepared by [contractor name], dated [date here], which is hereby attached as [exhibit A, B, etc...] and is/are included by reference. If you have drawings, include a reference to them as well, and list all pages, such as: "[And/Or] as per the drawings and specifications as prepared by [Architect or designer here], dated [date here], [revisions if any], sheets [list all: A-1, A-2, E-1, etc...], and is/are included by reference. After the detailed scope of work, remember to include the "Standard of Work" statement from the last section! Third, list any special conditions for the project, such as the process for dealing with change orders, working times, Insurances to be provided (both by the owner and the contractor), who is responsible for the permits and calling for inspections, allowability of overtime, performance schedules and/or expected date of completion, Milestone descriptions and target dates, etc... Always require a schedule from your contractor. This can be as elaborate as you like, such as a formal spreadsheet type "Gantt" chart, or as simple as a wall calendar marked up and initialed by both parties, and included by reference in the contract. This schedule must of course be somewhat flexible, and include time for weather delays, material shortages, and acts of God, among other variables, but it should NOT be open-ended! Finally we come to the Payment terms. These should include the statement "Contractor agrees to perform all work as specified, pursuant to the terms of this contract along with all exhibits and attachments, for the sum of [list contract sum here]. to be paid as follows: [list payment schedule here]". Again, the terms of payment may be as elaborate as you care to make them. I always recommend that any and all payments be tied to performance of some specific milestone or event, such Indian Anime contract, for example: All work to be as per the quote for [short description here], prepared by [contractor name], dated [date here], which is hereby attached as [exhibit A, B, etc...] and is/are included by reference. If you have drawings, include a reference to them as well, and list all pages, such as: "[And/Or] as per the drawings and specifications as prepared by [Architect or designer here], dated [date here], [revisions if any], sheets [list all: A-1, A-2, E-1, etc...], and is/are included by reference. After the detailed scope of work, remember to include the "Standard of Work" statement from the last section!The global digital animation industry is poised to grow to $70 billion by this year. The Indian animation industry is expected to reach $15 billion by 2008. Big numbers, pointing to India’s next big outsourcing boom. Labor arbitrage numbers are absolutely fantastic: $125/hour in the US versus $25/hour in India for animators. $75 Million to $175 Million for a full-length features film in the US versus $1-$15 Million in India.As in the software industry, much of the growth is driven by off-shoring and contract services. Original productions are still very rare, although this month, an animation feature called Hanuman has been released by Sahara India Mass Communication and Percept India in association with Silvertoons. Hanuman is the Hindu monkey god, a superhero of sorts who can move mountains, eat the moon, fly (of course) ...The quality of indigenous animation films have traditionally been quite pathetic, because of huge Third, list any special conditions for the project, such as the process for dealing with change orders, working times, Insurances to be provided (both by the owner and the contractor), who is responsible for the permits and calling for inspections, allowability of overtime, performance schedules and/or expected date of completion, Milestone descriptions and target dates, etc... Always require a schedule from your contractor. This can be as elaborate as you like, such as a formal spreadsheet type "Gantt" chart, or as simple as a wall calendar marked up and initialed by both parties, and included by reference in the contract. This schedule must of course be somewhat flexible, and include time for weather delays, material shortages, and acts of God, among other variables, but it should NOT be open-ended! Finally we come to the Payment terms. These should include the statement "Contractor agrees to perform all work as specified, pursuant to the terms of this contract along with all exhibits and attachments, for the sum of [list contract sum here]. to be paid as follows: [list payment schedule here]". Again, the terms of payment may be as elaborate as you care to make them. I always recommend that any and all payments be tied to performance of some specific milestone or event, such Franchise Agreements, Advertising and Promotion Issues riptions and target dates, etc... Always require a schedule from your contractor. This can be as elaborate as you like, such as a formal spreadsheet type "Gantt" chart, or as simple as a wall calendar marked up and initialed by both parties, and included by reference in the contract. This schedule must of course be somewhat flexible, and include time for weather delays, material shortages, and acts of God, among other variables, but it should NOT be open-ended!In the world of franchising it is imperative to have a cohesive marketing plan throughout all regions and all franchised outlets. Without a comprehensive and cohesive marketing plan, with each franchisee doing their own thing the overall message to the consumer can become so diluted that synergies which are of supreme benefit to franchise systems are lost. It behooves all members of a franchise company to support a main message and participate in all marketing, advertising and promotion.To prevent these issues from hurting my franchise company, by established in the franchise agreements, as well as a confidential operations manual guidelines, which addressed advertising, marketing and promotional issues. By addressing this issue early on in the franchisees business, I was able to prevent problems later down the road and insure that each franchised outlet was on the same page. Below is the clause that I used in our franchise a Finally we come to the Payment terms. These should include the statement "Contractor agrees to perform all work as specified, pursuant to the terms of this contract along with all exhibits and attachments, for the sum of [list contract sum here]. to be paid as follows: [list payment schedule here]". Again, the terms of payment may be as elaborate as you care to make them. I always recommend that any and all payments be tied to performance of some specific milestone or event, such as: xx% down; xx% upon completion of foundation work and backfilling; xx% upon completion of rough framing and exterior enclosure; etc...Trust me, your contractor may not like this, but be adamant. You have NO OTHER "stick to beat them with" except your checkbook! Use it firmly but fairly. Once again, a reputable and honest contractor should have no problem with this: it is actually to their benefit, as it clearly defines when they are going to get paid as well! If they want to get paid, they have to perform. Simple as that. Last but not least, include places for all parties involved to sign and date the Contract. In the case of a private property, all persons listed on the title should sign (husband and wife both, all partners, etc.). In the footer, include a statement detailing how a dispute will be resolved, and where. I live near my state border, and there are a lot of contractors that cross the line to work. If you don't want to have to travel in case of a suit being filed against you out of area, you should call out what state and court system to be used in case of a dispute, such as "This contract shall be administered under the laws of the state of [insert state]. Venue for any dispute shall be the [insert judicial circuit or court and county]. In closing, let's summarize what the contract should include:
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