Contractor's Plain-English Legal Guide
Whether you're a prime contractor, or a subcontractor, you deal with legal issues every day. In fact, you're called a contractor because you contract out to do a particular job. Write an inadequate contract and someone's going to pay -- probably you. But contracts aren't the only dangers. Customers sometimes have second thoughts when it comes time for them to pay, and often there are elements in a job that you thought were clearly understood, but the customer seems to have been at a different...
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Whether you're a prime contractor, or a subcontractor, you deal with legal issues every day. In fact, you're called a contractor because you contract out to do a particular job. Write an inadequate contract and someone's going to pay -- probably you. But contracts aren't the only dangers. Customers sometimes have second thoughts when it comes time for them to pay, and often there are elements in a job that you thought were clearly understood, but the customer seems to have been at a different conversation. We all see things from our own perspective, but the law is the foundation that keeps things straight. You need to know what the law requires you to do, and what protections the law offers you. But law school isn't usually an option, and you probably don't have the money for an attorney to follow you around all day to make sure you're protected. This book is the next-best thing. It tells you where the pit falls are hiding -- the snakes in the swamp that'll gobble you up -- and in simple English, tells you exactly how to avoid them. You won't find any legal gibberish here -- just plain, step-by-step instructions on what you should and shouldn't be doing to get through the swamp of legal hazards to a safe and profitable bottom line. Whether you're an experienced contractor who's paid too much to too many lawyers, or a newcomer without the experience or financial backing to risk a legal battle, this book will guide you away from danger spots and along a safer path Includes a CD-ROM with blank copies of all the legal forms, notices and contracts shown in the book, plus extra blank forms, with instructions. Just load the forms off the CD and print, or fill them out right on screen. Booknews This book/CD-ROM guide explains what the law requires and what protection it offers for construction contractors and gives tips on avoiding common pitfalls when setting up a company, drawing up contracts, collecting money owed, and dealing with employee injuries. It gives information on warranties, protecting assets, filing taxes, consumer protection laws, and subcontractors, as well as legal protection available for a company in financial trouble. The CD-ROM contains blank copies of all legal forms, notices, and contracts shown in the book, plus extra blank forms, with instructions. Story is an attorney specializing in construction law. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Part 1Startup Legal Problems51.What Do You Need to Start a Construction Business?7Can You Work Out of Your Home?8What Do You Need from the IRS?10What Do You Need from the State?12What Records Should You Keep--and Why?202.Sole Proprietor, Partnership or Corporation?25When Does It Make a Difference?25What Is a Sole Proprietorship?27What Is a Partnership?30What Is a Corporation?42Part 2Construction Contracts513.What Does Every Contract Have to Have?53The Four Requirements for a Contract53A Contract Starts With an Offer55A Contract Must Benefit Both Parties60An Offer Has to Be Accepted62Consumer Protection Notices63If the Contract Doesn't Have Everything644.Contract Terms: Filling In the Blanks67Who Are the Parties?67Scope of the Work Clauses76The Payment Amount80The Payment Terms82Work Schedules86Change Orders88Indemnity Clauses90Settling Disputes93Warranty Clauses93Consumer Clauses94Part 3Legal Guidelines for Running a Business975.What If You Hire Someone?99Employee or Independent Contractor?100Taxes and Social Security Payments101Unlawful Discrimination in Hiring102Protecting Others from Employee Negligence107Employee Handbooks109Affirmative Action Programs1126.What Do You Have to Do for the IRS?113The Self-Employed and the IRS113Your Employees and the IRS121What If You're Audited?122What If You Haven't Filed Tax Returns?1237.How Do You Collect What's Owed You?125Small Claims Court127What Is a Construction Lien?128Lien Waivers138What Is a Stop Notice?142Payment and Performance Bonds143Part 4Legal Problems on the Job Site1458.What Laws Affect the Building Site?147Building Codes147The Zoning Laws151The Accessibility Laws159Other Permits You Must Get1619.How Is Safety Regulated on the Job Site?163OSHA Job Site Safety Requirements163Employers' Obligations Under OSHA164Employees' Rights Under OSHA167OSHA Inspections17010.What If Someone Is Injured on the Job Site?171When Your Employee Is Injured171When a Sub or Sub's Employee Is Injured174When an Owner or Visitor Is Injured175If a Trespasser Is Injured177If the Contractor Is Sued for Negligence17711.What If You Use Subcontractors Instead of Employees?179What Is a Subcontract?179Employee or an Independent Contractor?181If an Independent Is Injured on the Job183Trouble Between the General and the Owner18612.What Contract Problems Do Subcontractors Have?189Between the General and the Customer190Between the General and Subs193Solution--The Subcontractor's Addendum201Part 5Legal Issues in the Construction Industry20913.What Warranties Affect the Construction Industry?211Express Warranties212Implied Warranties214Disclaimer of Warranties21614.What Consumer Protection Laws Affect Your Business?221State Consumer Protection Laws221The Federal Consumer Protection Laws22815.What Legal Protection Is Available for a Company in Financial Trouble?235Protecting Your Personal Assets236When Your Business Is in Trouble239Save Your Business Without Bankruptcy240Bankruptcy the Only Solution24116.What About Retirement, Disability or Death?245Retirement Plans245Health and Disability248Death25017.A Few Last Words About You and Your Lawyer253How to Choose a Lawyer253When to Call a Lawyer253When to Call Another Professional254What to Expect257Glossary259Index266What's on the CD?269
\ From The CriticsThis book/CD-ROM guide explains what the law requires and what protection it offers for construction contractors and gives tips on avoiding common pitfalls when setting up a company, drawing up contracts, collecting money owed, and dealing with employee injuries. It gives information on warranties, protecting assets, filing taxes, consumer protection laws, and subcontractors, as well as legal protection available for a company in financial trouble. The CD-ROM contains blank copies of all legal forms, notices, and contracts shown in the book, plus extra blank forms, with instructions. Story is an attorney specializing in construction law. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \
