Homepage Fill Out Your Remodeling Contract Form
Article Structure

The Remodeling Contract form serves as a crucial document for homeowners and builders, establishing clear terms and expectations for a remodeling project. Key elements include the identification of the builder and homeowner, the scope of work to be performed, and the financial arrangements. This form specifies the payment structure, which encompasses all labor and materials necessary for completion, including any contingencies related to unexpected costs. Moreover, it outlines the timeline for both the commencement and completion of the project, while accounting for potential delays that may arise due to external factors such as weather or supply chain issues. Insurance requirements are also addressed, mandating homeowners to provide proof of property insurance, while builders are obligated to maintain builder’s risk insurance. The agreement emphasizes the importance of timely payments and details the repercussions should payments be delayed. Additionally, provisions for dispute resolution via arbitration are included, ensuring that any conflict will be handled efficiently and effectively. The form concludes with necessary disclaimers concerning warranties and legal binding agreements, reinforcing the importance of understanding all terms before signing.

Remodeling Contract Example

RESIDENTIAL

REMODELING/CONSTRUCTION CONTRACT

Date ___________, 20__

YOUR NAME: ______________________________________________________________

YOUR MAILING ADDRESS: ________________________________________________

________________________________________________

________________________________________________

YOUR TELEPHONE: Home _____________________ Business ______________________

JOB LOCATION, if different than your mailing address: ____________________________

_____________________________________________________________________________

YOU AND ____________________________________ (BUILDER) AGREE AS FOLLOWS:

1.Builder agrees to perform the following work (attach dated plans and dated specifications, if any, to this Contract):

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

2.You agree to pay Builder $_________________ for this work as follows:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

The price for the work includes all labor, materials, building permits, temporary power, and

_______________________________________________________________________

_______________________________________________________________________. You will get the money to pay the Builder for the work from: _____________________

_______________________________________________________________________

You may not occupy or use any of the work done by the Builder until the Builder has been paid in full. All work is considered completed on the date a Certificate of Occupancy is issued. If you live in an area where a Certificate of Occupancy will not be issued, the Builder will determine when the work is complete.

©2005 Rinke Noonan

1

3.The Builder agrees to start work on or before _______________, 200___, and all work will be completed within _____ days. You agree that the Builder is not responsible for delays in completion of the work due to weather, strikes, war, shortage or delay in getting materials, shortage or delay in labor or subcontracting, any other problem with suppliers or subcontractors, government regulations, court actions or any other cause beyond the Builder’s control. If the cost of materials or labor increases more than _____% before this work is started, Builder may terminate this Contract and return any down payment to you.

You agree to pay for unexpected or unanticipated extra costs such as soil corrections, protection of the project from weather conditions and all other similar costs.

4.Prior to beginning the work, upon request of Builder, you will provide Builder with a copy of your property insurance policy showing coverage for property damage and liability claims. Builder will provide Builder’s risk insurance in the amount of this Contract. You will be responsible for losses not covered by Builder’s insurance, including any deductible.

5.If you fail to pay the Builder any payments due under the terms of this Contract, the Builder may stop work without further notice. You will be liable to Builder for all payments and Builder costs due up to the time work is stopped, and for all losses sustained by the Builder on materials, machinery, equipment or tools, overhead, profit, soft costs and damages. The Builder will only restart work after you have paid all money due the Builder and the Builder is satisfied that you have the ability to pay for the remaining work.

If at any time the Builder reasonably believes that you are not cooperating in completing the project, you are being unreasonable, or you will not pay the Builder any payment scheduled to be paid under this Contract, after ____ days written notice to you, the Builder may stop work. If you provide the Builder with evidence, satisfactory to the Builder, of your willingness and ability to meet all of your obligations under this Contract, Builder may continue work under the Contract.

If work has stopped for any reason, Builder may terminate this Contract and recover from you, payment for all work completed, and for all losses sustained by the Builder on all materials, machinery, equipment or tools, overhead, soft costs, profit and damages.

6.You and the Builder have agreed that you will do the following work or provide the following materials:

_______________________________________________________________________

_______________________________________________________________________

You understand that this work must be done on time and all materials delivered on time, as determined by the Builder, or you agree to pay the Builder all costs for any delay caused by you. If you do not complete your work on time or delivery materials, or if the quality of your work or materials is not acceptable to Builder, the Builder may (but is not obligated to) complete or repair/redo your work and you agree to pay for all costs. Builder does not warrant any work done by you, contractors hired by you or materials you provide. You

©2005 Rinke Noonan

2

agree to indemnify and hold harmless Builder for any loss or damage resulting from or caused by work done by you, contractors you hired or from materials you have provided.

7.You understand that there are no oral agreements between you and Builder. Everything you expect Builder to do has been included, in writing, in this Contract. Nothing in this Contract can be changed unless it is changed in writing on a separate form and signed by both you and Builder. Builder Contract may be assigned by Builder without your consent.

8.If Builder retains an attorney to collect any money from you, or to resolve any other dispute with you (or to defend any action by you which is later determined not to have been caused by the Builder), you agree to pay all of Builder’s attorney fees, costs and disbursements. Any claim by you or Builder in any way arising out of this Contract, the work, any other agreements between you and Builder and/or in any way arising out of or relating to the physical condition of the property shall be settled by binding arbitration. You and the Builder agree to arbitrate any disputes in

__________________________, Minnesota, under the Construction Industry Rules and Supplementary Procedures for Residential Construction Disputes of the American Arbitration Association. These Rules may be found at www.adr.org.

A request for arbitration must be filed within twelve (12) months of the date which the relevant facts regarding the claim were discovered or could reasonably have been discovered. In no case may any claims be brought by you more than six (6) years after you take possession of the house or work.

Builder retains the right to file, perfect and start a lawsuit to enforce mechanic’s lien rights. The parties agree that the Court may refer the matter to arbitration, but retain jurisdiction for enforcement of the mechanic’s lien.

I (WE) AGREE (All

Buyers/Homeowners must initial)

9.This is a legal and binding contract. You represent to the Builder that all the information in this Contract is correct, and that you have read and understand this Contract.

10.THE OWNER IS ADVISED THAT IF THE PROJECT INVOLVES THE OWNER’S HOMESTEAD, FEDERAL LAW ALLOWS THE OWNER TO TERMINATE THIS CONTRACT FOR ANY REASON WITHIN THREE (3) DAYS AFTER SIGNING IT.

11.The Pre-Lien Notice required to be given by Minnesota State Law is attached. Also attached is the Urea Formaldehyde Notice.

12.If Builder does not own the land on which the home is being built, you warrant to Builder that you own the property on which the work is being done. You hereby transfer possession of the property to Builder until such time as all money due Builder under this

©2005 Rinke Noonan

3

Contract is paid in full. If you occupy the property prior to full payment of this Contract price, Builder may get a Court Order giving possession of the property to Builder. If you refuse to allow the Builder to complete the construction of the home and you own the lot, you agree that the Court or an arbitrator may order the immediate sale of the property and home and that all net sale proceeds be distributed by Order of the Court or arbitrator.

13.Attached to this Contract are Building Performance Guidelines. Construction of your home will be done according to these Guidelines. If these Guidelines are not met, you agree to accept the remedy provided in the Guidelines. You and the Builder agree that these Guidelines are the exclusive Guidelines that apply to this Contact and all work done under this Contract. All warranties under Minnesota Statutes Chapter 327A apply to the work.

I (WE) AGREE (All

Buyers/Homeowners must initial)

OPTION:

14.Construction of your home will be done as required by the warranties under Minnesota Statutes Chapter 327A. There are no other express or implied warranties.

THIS IS A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY AND UNDERSTAND IT BEFORE YOU SIGN IT. CONSULT YOUR ATTORNEY IF YOU HAVE ANY QUESTIONS.

___________________________________

(O wner)

___________________________________

(O wner)

__________________________________

(B uilder)

Builder License No. _________________

©2005 - Rinke-Noonan and David J. M eyers, St. Cloud, M innesota, All Rights Reserved David J. M eyers

U .S. Bank Plaza

1015 W . St. Germain Street, Suite 300 P.O . Box 1497

St. Cloud, M N 56302 Direct: (320) 656-3512 Office: (320) 251-6700 Fax: (320) 656-3500 Toll Free: 1-888-899-6700 Email: dmeyers@ rnoon.com

Rinke-Noonan W eb Page: http://www.rnoon.com

©2005 Rinke Noonan

4

Form Characteristics

Fact Name Description
Legal Binding This contract is legally binding. Both parties confirm they have read, understood, and agree to the terms. It is essential to consult an attorney if there are any questions.
Payment Structure The homeowner agrees to pay the builder a specified amount for the work, which includes all necessary labor, materials, and permits. Timely payment is essential to avoid work stoppage.
Completion Timeline The builder must begin work by a defined date and complete it within a specified number of days, barring any delays caused by circumstances beyond their control.
Cancellation Rights Federal law allows homeowners, under certain conditions, to terminate this contract within three days of signing if the project involves their homestead.

Guidelines on Utilizing Remodeling Contract

Filling out your Remodeling Contract form is an important step toward getting your renovation project underway. Make sure to have all necessary information ready to ensure a smooth process. Here’s how to complete the form efficiently.

  1. Date: Write the date when you fill out the form.
  2. Your Name: Fill in your name in the space provided.
  3. Your Mailing Address: Enter your complete mailing address, including street, city, state, and zip code.
  4. Your Telephone: Provide your home and business telephone numbers.
  5. Job Location: If different from your mailing address, write the address where the work will occur.
  6. Builder’s Name: Fill in the name of the Builder with whom you are contracting.
  7. Description of Work: Specify the work the Builder will perform. Attach any dated plans and specifications if available.
  8. Payment Amount: Indicate the total amount you will pay the Builder for the project.
  9. Payment Schedule: Describe how you will pay the Builder.
  10. Source of Payment: Explain where the funds to pay the Builder will come from.
  11. Start Date: Write the date the Builder is expected to begin work.
  12. Completion Time: Enter the number of days the Builder has to complete the project.
  13. Insurance Information: If requested, note that you will provide proof of your property insurance.
  14. Responsibilities: Describe the work or materials you will provide to the Builder.
  15. Count on Disputes: Understand that disputes will need to be settled through arbitration in specified locations.
  16. Initials: All homeowners must initial to indicate agreement with all terms.
  17. Owner and Builder Signatures: Finally, sign in the designated spots to confirm your contract.

What You Should Know About This Form

What is the purpose of a Remodeling Contract?

A Remodeling Contract serves as a formal agreement between the homeowner and the builder. It outlines the specific work to be done, payment obligations, timelines, and liabilities. This document protects both parties by ensuring that all expectations and requirements are clearly defined and agreed upon.

What should be included in the contract?

The contract should include the names and contact information of both the homeowner and builder, a description of the work to be performed, payment details, timelines for the project, conditions for payment, and any specific agreements regarding materials or additional work required. It is essential to attach any plans or specifications that pertain to the project.

What happens if the work is not completed on time?

If delays occur due to circumstances beyond the builder’s control, such as severe weather or material shortages, the builder is not held responsible. However, if the homeowner causes delays, they may be liable for costs incurred due to these delays. The contract specifies that the builder will determine completion dates based on various factors.

Are there any cancellation rights for the homeowner?

Yes, federal law allows homeowners to terminate the Remodeling Contract within three days of signing, specifically if the project involves the homeowner's primary residence. This gives homeowners some flexibility to change their minds after entering into the agreement.

What is a Certificate of Occupancy?

A Certificate of Occupancy is an official document issued by local governments to certify that a building is compliant with building codes and may be occupied. The Remodeling Contract states that work is considered completed once this certificate is issued or when the builder determines that work is complete if no certificate is needed.

What happens if the homeowner does not make payments?

If the homeowner fails to make required payments, the builder has the right to stop all work without notice. The homeowner remains liable for any outstanding payments and costs incurred by the builder up to the point of work stoppage. The builder will only resume work once the homeowner has settled all outstanding amounts.

What are the responsibilities of the builder regarding insurance?

The builder must provide builder’s risk insurance for the value of the contract. However, homeowners should also present proof of their property insurance for potential damages and liabilities. Homeowners are responsible for losses not covered by the builder’s insurance.

Is there a warranty for the work performed?

The Remodeling Contract states that warranties provided under Minnesota Statutes Chapter 327A apply. The contract specifies that any warranties related to the work done will be according to these statutes, ensuring that homeowners have legal recourse if issues arise due to construction flaws.

What should homeowners do if there is a dispute with the builder?

In case of disputes, the contract requires binding arbitration in accordance with the Construction Industry Rules. Homeowners must file a request for arbitration within twelve months of discovering the issue. These procedures ensure that any conflicts are resolved fairly and efficiently.

Can the builder assign the contract to another party?

The builder retains the right to assign the contract without requiring homeowner consent. This means the builder can transfer the responsibilities and obligations of the contract to another licensed builder or contractor, provided this action is executed within the terms of the agreement.

Common mistakes

Filling out a Remodeling Contract form can be a daunting task. Many individuals rush through the process without paying attention to critical details, leading to mistakes that could have been easily avoided. One common mistake is neglecting to accurately fill in the date. The effective date of the contract is essential as it marks the beginning of the relationship between the homeowner and the builder.

Another frequent error involves omitting the exact payment terms. It is important to specify not only the total amount but also the payment schedule. Homeowners should clarify how and when payments are to be made to avoid confusion and potential disputes later on. This information can protect both parties and ensure that the project proceeds smoothly.

Many people also forget to include any attached plans or specifications. If there are specific guidelines or drawings related to the work, these documents should be referenced in the contract. Without them, expectations can differ between the homeowner and the builder, leading to dissatisfaction.

Failing to define the start and completion dates is yet another common pitfall. It is crucial to set clear deadlines for when work will begin and how long it is expected to take. This eliminates uncertainty and helps manage expectations on both sides, reducing the potential for disputes regarding delays.

Some individuals may overlook the importance of addressing unforeseen costs. The contract should clearly state how unexpected expenses, like soil corrections or weather-related impacts, will be handled. Homeowners should be prepared to cover such costs if they arise during the project.

Another mistake is the lack of attention to insurance details. Homeowners are sometimes uncertain about the necessary insurance policies they need to provide. A clear understanding of what insurance is required can prevent problems if accidents or damages occur on the job site.

Many people also miss the significance of having the contract signed by both parties. Verbal agreements often fall through the cracks, so it’s essential to ensure everything is documented properly. Without the proper signatures, the contract may not be enforceable.

Lastly, individuals sometimes underestimate the importance of keeping a copy of the signed contract. Storing this document in a safe place is necessary for reference throughout the remodeling process. Should any issues arise, having the contract readily available helps resolve disputes efficiently.

Documents used along the form

When entering into a remodeling contract, several additional forms and documents may be helpful to ensure all aspects of the agreement are covered. These documents can provide clarity and protection for both the homeowner and the builder. Here is a list of commonly used forms alongside the Remodeling Contract.

  • Change Order Form: This form documents any changes to the original scope of work outlined in the remodeling contract. It is essential for tracking modifications in project specifications, costs, or timelines.
  • Payment Schedule: A payment schedule outlines the timing and amounts of payments due throughout the project. This helps both parties manage finances and ensures the builder receives payment in a timely manner.
  • Pre-Construction Checklist: This checklist ensures all necessary preparations are completed before the renovation begins. It may include inspections, permits, and verifying that utilities are set up correctly.
  • Scope of Work Document: This detailed document specifies exactly what work will be done. It complements the remodeling contract and helps prevent misunderstandings between the parties involved.
  • Liability Waiver: A liability waiver can protect the builder from claims made by the homeowner or third parties during the project. It clarifies that the homeowner acknowledges potential risks and releases the builder from certain liabilities.
  • Permit Application: Many remodeling projects require permits, depending on the scope of work. A permit application ensures all necessary permissions are obtained from local authorities before work begins.
  • Insurance Certificates: These documents provide proof of insurance coverage for both the builder and homeowner. They detail liability and worker’s compensation coverage, safeguarding both parties during the construction process.
  • Warranty Document: This document outlines any warranties provided by the builder on the work performed. It sets expectations for quality and addresses how long protections last and under what conditions they apply.
  • Final Inspection Report: After completing the renovation, a final inspection report ensures all work meets local building codes and standards. This document is important for both the homeowner and builder to confirm that the project is complete.
  • Agreement for Dispute Resolution: This formal agreement outlines how disputes will be handled should they arise between the homeowner and the builder. It often specifies arbitration processes or mediation as the preferred resolution method.

Incorporating these forms and documents can greatly enhance the clarity and effectiveness of the remodeling process. Proper documentation protects all parties, helps manage expectations, and ensures compliance with local regulations.

Similar forms

  • Construction Contract: Similar to the Remodeling Contract, a Construction Contract details the scope of work, timelines, payments, and responsibilities of both parties involved in a construction project. It serves as a formal agreement to ensure all parties are aware of their obligations.
  • Service Agreement: This document outlines the terms for services to be rendered, including fees, delivery timelines, and both parties’ responsibilities, making it closely aligned with the Remodeling Contract's focus on performance and payment terms.
  • Sales Agreement: Like the Remodeling Contract, a Sales Agreement specifies the products or services being provided, pricing, and delivery, ensuring clarity in buyer-seller transactions.
  • Lease Agreement: While generally focused on rental terms, a Lease Agreement, similar to the Remodeling Contract, establishes clear guidelines for the rights and responsibilities of the involved parties, often involving property use.
  • Joint Venture Agreement: This document can resemble a Remodeling Contract in that it outlines cooperation between parties on a specific project, detailing contributions, profit-sharing, and management responsibilities.
  • Employment Contract: Similar to the Remodeling Contract in the way it sets out expectations, responsibilities, compensation, and terms of engagement for services, typically involving labor or skills provided by individuals.

Dos and Don'ts

When filling out the Remodeling Contract form, it's important to pay attention to the details. Here’s a list of what you should and shouldn’t do:

  • Do read the entire contract carefully before filling it out to ensure you understand all the terms.
  • Do provide accurate information regarding your name, address, and contact details.
  • Do attach any relevant documents such as plans and specifications as required by the contract.
  • Do specify the payment details clearly to avoid misunderstandings later.
  • Don't leave any sections blank; every part of the form is important and should have relevant information.
  • Don't sign the contract unless you are completely satisfied with its terms and have clarified any doubts.

Misconceptions

  • Misconception 1: The Remodeling Contract is a simple agreement that doesn't require careful review.
  • Many homeowners think that a remodeling contract is straightforward and doesn't need much attention. However, this document contains important details about the scope of work, payment terms, and responsibilities. Ignoring these elements can lead to misunderstandings and disputes later on.

  • Misconception 2: The builder is responsible for all delays, no matter the cause.
  • Some people believe that if a project falls behind schedule, the builder is automatically at fault. In reality, the contract typically states that builders are not responsible for delays caused by factors beyond their control, such as weather or material shortages. Understanding this clause can help set realistic expectations.

  • Misconception 3: A verbal agreement or understanding is just as binding as the written contract.
  • Homeowners often think that any verbal agreements made with the builder are just as valid as what's written in the contract. However, the contract explicitly states that it constitutes the entire agreement. This means that unless something is documented in writing, it may not be enforceable.

  • Misconception 4: Once signed, neither party can change the terms of the contract.
  • While it is true that changes to the contract must be documented in writing, some people believe that they are completely stuck once they sign. In fact, both parties can negotiate changes to the contract as long as they are mutually agreed upon and properly documented.

  • Misconception 5: The homeowner is not liable for additional costs incurred during the project.
  • This misconception arises when homeowners assume that the builder covers all unexpected expenses. The truth is that the contract often includes provisions stating that homeowners must pay for extra costs resulting from unforeseen circumstances, such as soil corrections or weather-driven delays.

  • Misconception 6: Ignoring the terms regarding payment and fees will not affect the project.
  • Some individuals believe that they can skip over payment terms and still retain control over the project. However, if payments are missed, builders generally have the right to halt work until they receive the outstanding amounts. Therefore, understanding payment obligations is crucial to keeping the project on track.

Key takeaways

  • The Remodeling Contract should always be filled out with accurate and complete information. This includes your name, address, and contact details.

  • Clearly outline the specific work to be performed by the builder. Attach any plans or specifications as necessary for clarity.

  • Specify the total cost for the project and break down the payment schedule. Ensure that the payment terms are mutually understood.

  • Understand that you cannot occupy the work until the builder has been paid in full. This includes the completion date specified in the contract.

  • Be aware that external factors may cause delays. The builder is not liable for delays due to issues beyond their control.

  • Both parties may be asked to provide proof of insurance. The builder will provide Builder's risk insurance, but you are accountable for uncovered claims.

  • In case of non-payment, the builder has the right to stop work until all dues are paid. This includes compensation for any losses incurred.

  • All communications and agreements must be in writing. Changes to the contract require a separate written document approved by both parties.

  • Any disputes related to the contract will be settled through binding arbitration, in accordance with Minnesota regulations.

  • As a homeowner, you have the right to terminate the contract within three days if it involves your homestead.