Excellent Job Contract

[admin]

Thanks to Tim ( ProWallGuy )
Here is Tim's residential contract in skeleton form, we converted it to a MS WORD DOC. and removed the specific info. If you have MS Word you can download and customize the form if you wish.

http://www.painterforum.com/pfdocs.html

Admin

[Stever]

In my 12 years of painting I have yet to use an actual written contract. And have never had a problem getting paid at the end of the job.

But, I am a one man show and 99% of my work is dealing directly with home owners. Would likely be much different if i was running a crew and doing new construction for building contractors or any kind of commercial work.

[Lynjowoman]

Stever
You are really taking a big chance not using a contract. We have been stiffed by well to do homeowners even with a contract. Only had this to happen once with the president of the Chamber in our area. He turned out to be a big jerk. Paid all but the last draw & the additional work we did. Called him, he said send me the bill. We did every month for a year, no responce. Turned it over to a collection agency, they didn't have any luck either, but it did cause him a big headache when he tried to get a business loan to start his own business. Hope he gets stiffed a few times. 

Lynjo

[mjmpainting]

CY Lie, a rich hotel owner in Niagara on the Lake, Ontario, is notorious for getitng work done and then saying so it wasn't satisfactory so I'm not paying you.

[Stever]

Stever
You are really taking a big chance not using a contract.

In theory, yes, I know. But in practice it has never been an issue in 12 years. Almost all my clients are referrals and its not like anyone wants to play the "big jerk" when its possible it may go back down the pipe to the their friend, relative, co-worker that referred me in the first place. I also often develop personal relationships with my clients. I'm in their home every day for a week to a month and we chat about everything under the sun. And I always point out the little extras I do to ensure things are perfect (i'm a perfectionist) and they appreciate that I'm not just giving them an adequate average paint job. They realize I give a lot more than most to ensure top quality and are thoroughly impressed. Quality comes first, productivity is a distant 3rd or 4th.

And I also don't take a deposit up front, though on large jobs I sometimes ask for an advance about 1/2 or 3/4 into the job when I'm running low on funds to cover paint costs. Again never a problem.

Now, I'm not saying anyone else here on this forum should do the same. I may be a rare case, or just crazy

By all means, protect yourself with a contract. Tim's version looks like a good one to use if you don't have one.

[ProWallGuy]

I think if you don't take any money down, then you are basically working for free until you get some funds from them. In essence, you are loaning them your time until they pay you. I am not a bank, therefore I don't loan anything. I let the customer fund their own home improvement project.

[BrushJockey]

I'm kind of half way in between . I usually have a contract, always if it is a new customer. My contracts are much simpler, although I do try to list all components of a job.  I would feel a bit taken back, if I were a customer of mine, with the adversarial tone of some of the parts of the above contract.
  But if your relationship with the client becomes adversarial, it is needed.
And I also think there is a difference in a 1 or2 guy shop , where the client has the person who they originally talked to, who comes and does the look and wrote the bid, and then shows up to do the work.  Much different than a biz with a different guy for each stage. Much more personal.  And it's harder to stiff someone your more personal with. Not impossible, harder.

[rmichael]

I understand your point BJ, I once felt that presenting a written contract would be questioned as a matter of trust, but in reality most clients welcome one, after all, they protect everyone involved by keeping them on the same page.
 
They also preempt conversations like this:

Did you prime everything?
No, we never discussed a primer.
Well, I just assumed you would prime, and I thought your price included one!! I'm not paying you a dime!!
 

rmichael

[MiTm]

I'm with stever...a one-man show here, all referrals. The estimate/bid I give is as specific as I can make it...whatever gets washed/primed/sanded/painted is included. If access is an issue, steps to remedy the situation are suggested. I discuss with the client ad nauseum(if needed) all aspects of what I will be doing, how it will be done.

On large jobs that require paint purchases of over $500.00 I ask that the client pays for the materials as I purchase them. I show a receipt and a check is written. No deposits up front.

IMO contracts are to protect(legally) both parties. There have been occasions on jobs that span 4-6 weeks that I have asked to be paid
a % to cover my living expenses. This has never caused problems.

mark

[nabira]

I never did sign a contract with clients when I stared out, and still to this day don't sign one with the old clients. However, I do sign a contract with every new clients. There was a case last year where a customer owed me 5 digit number, when I walked out the job . The case is still pending for me to get my money. Have I not had a signed contract there was no way to take any legal action to recover the money.

[rcpainter]

I lost a collective $20,000.00 last year between 2 out of town jobs
No kidding, I could show you. Had to sell a truck and buckle down for a ride. Still riding...

[BrushJockey]

Ouch. Thats gotta smart. 

[ProWallGuy]

I lost a collective $20,000.00 last year between 2 out of town jobs
No kidding, I could show you. Had to sell a truck and buckle down for a ride. Still riding...

I reckon there was a lesson to be learned there.

[BrushJockey]

Well on a similar sad note, last year I lost 8 big ones. Had a swell contract. Contractor went under and it was clear that I could chase him forever for nothing, or just move on.

One day he might throw me a bone if he ever gets out from under, but I'm not counting on it.

[ProWallGuy]

I call my lawyer and/or slap a lien for anything over $500. I don't make it easy for them to walk away, and if bankruptcy court starts doling out assets, I want to be sure I'm line. I'm too old and mean to work for free.