What is an Oregon
Construction Contract?
An Oregon construction contract is a written document that complies with Oregon
construction contract law. For example, every residential construction, repair or
remodeling project done for the owner-occupant must meet the requirements of Oregon
Revised Statutes Sections 701.305, 701.310, 701.315, 701.320, 701.325, 701.330,
701.335, 701.340 and 701.348. No contract that omits notices and disclosures required
by Oregon law qualifies and an Oregon construction contract.
In addition, every Oregon contract has to comply with Federal law. For example,
failure to make federal truth in lending disclosures requires restitution of the
overcharge and makes the creditor liable for the debtor's attorney fees. Failure
to include the disclosures required by 12 Code of Federal Regulations § 226.15 extends
the right of rescission to three years (rather than three days). Omitting insulation
disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000
fine.
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What can I do
with Oregon Construction Contract Writer?
- Draft exactly the right contract by answering interview questions
- Make a legal contract that will protect the builder in court if there's a disagreement.
- Create subcontracts based on the prime contract.
- Take control of the contract drafting process.
- Keep up-to-date with changes in Oregon construction contract law.
- Include only the warranty protection required for the job.
- Disclaim any warranty, as allowed by Oregon law.
- Create a simple construction contract or a contract as detailed as the job requires.
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How is Oregon
Construction Contract Writer different?
Printed construction contract forms and construction contract templates are available
from several trade and professional associations. For example, AIA construction
contracts and AIA construction subcontracts are available from the AIA. Sample construction
contracts by the EJCDC and sample construction contracts by the AGC are also available
as printed forms. These standard contracts are legal construction agreements in
some states and for some purposes. But none are intended to comply with the Oregon
law. Oregon Construction Contract Writer drafts residential, commercial and industrial
construction contracts and construction subcontracts and public works subcontracts
that comply with Oregon law. Using a standard contractor agreement that doesn't
comply with Oregon law can result in heavy fines or suspension. Even if you avoid
fines, a contract that doesn't comply with Oregon law puts you at a disadvantage
if there's a dispute. An attorney for the other side will be quick to point out
every flaw in your agreement.
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What information
will I need to make my contract?
Start drafting an Oregon construction contract by gathering the essential information:
- Decide how you want to set the bias – fair and balanced or tilted in your
favor.
- Address of the work site, names of the contracting parties and the contract price.
- Name and address of any representative, architect or bank to be mentioned in the
contract.
- Scope of the work: What's included in the job? What's excluded? How you want to
handle errors in the plans or specs? What if there are unexpected site conditions?
- Who is responsible for job safety, hazardous materials, temporary utilities, job
cleanup, inspections and testing?
- Payments: When are payments due: Initial payment, progress payments and final payment?
Is this a fixed price contract or is payment based on the cost of labor and materials
(a time and material contract)? Will payment terms include contract allowances,
cost per unit of work or alternate prices for work to be done at the owner's option?
What's the interest rate on unpaid balances? Do you want to specify grounds for
withholding payment? Will waivers of liens be required before a payment is due?
Will there be a bonus for early completion or liquidated damages for delayed completion?
- Changes in the Work: How do you handle “extra work” not included in
the contract? Will extra work be done on a time and material basis? Or will the
charge for extra work be based on the contractor's usual selling price?
- What insurance will the contractor and subcontractor be required to carry: Liability
insurance, worker’s compensation insurance, course of construction insurance?
Will a performance bond or a payment bond be required?
- The construction schedule: When will work start? When should work be completed?
What grounds are legitimate reasons for an extension of time? Will the owner or
contractor be permitted to suspend work or terminate the contract? What constitutes
substantial completion? Will the contractor be permitted to collect the final payment
if discrepancies remain on the punch list?
- Warranty: What's the duration of the warranty, if any? What constitutes a construction
defect? What repairs are required when a construction defect is found? Can the contractor
or subcontractor disclaim the implied warranties of habitability and workmanlike
construction?
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What's the difference
between an agreement and a contract?
A legal contractor contract is an enforceable contractor agreement. Enforceable
contractor contracts are usually created from a contractor contract form or a contractor
contract template. To be enforceable in Oregon, Oregon contractor contracts and
OR subcontractor contracts must comply with Oregon contract law. A legal building
contract between either the owner and a general contractor or a general contractor
and a subcontractor can be enforced either by legal action in a court of law or
by arbitration.
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How long will
it take to draft my first contract?
About a half hour for simple construction agreements. A commercial general contractor's
contract for a shopping center might require an hour or more.
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Is there a free
trial?
Yes - Get a feature-limited trial of Oregon Construction Contract Writer at no charge.Draft a construction contract agreement to
see if OR CCW is right for you. Printing, exporting and the ability to copy and
paste are disabled in the trial edition. Use the trial program as long as you want.
When you’re ready, get the production version of Oregon Construction Contract Writer.Successful download
and installation are guaranteed. Then write and print as many contracts as you want
or create PDF (Postscript) or RTF (MS Word) versions for delivery as email attachments.
You can even send a Verizon Oregon construction contract. If you switch computers
or need another download, no problem. During the first year you can get another
download as often as needed. After the first year, updates are only $25 per year or $40 for two years.
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What if I have
questions?
Oregon Construction Contract Writer includes extensive legal and practical information
to help you every step along the way. On the right side of every screen in the interview
you'll see information about the choices available.
Licensed users of Oregon CCW can get answers to contract drafting questions. We
can’t draft the contract for you. But if you need advice on assembling a construction
contract that meets requirements for your job, our legal staff is on call. If you
get stuck, go to the Help menu and click the “Get Help from an Attorney”
option. You'll have an answer in 24 hours, usually sooner.
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What will my
completed contract look like?
Click here
and scroll down to view a good selection of example Oregon construction contracts
prepared with CCW. You'll see:
- A sample residential construction contract,
- A sample new home construction contract,
- A sample pool construction contract,
- A sample home remodeling contract,
- A sample commercial construction contract,
- A sample home repair contract,
- A sample home building contract,
- A sample time and material construction contract,
- A sample home improvement contract.
In addition to general contractor contracts, you'll see several sample subcontractor
agreements.
Some of these home building contracts are biased in favor of the homeowner. Others
favor the general contractor or subcontractor. All of these example construction
contracts and legal contractor forms comply with Oregon law. You can download any
construction contract form on the site as either a PDF or RTF (MS Word) or CCF (Construction
Contract Writer) document.
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Is it safe to
make a contract without a lawyer?
If you’re accustomed to getting legal advice on most business deals, we won’t
suggest anything different. If your style is doing jobs on notes scribbled on a
business card or on a form you found on the Web, we suggest that CCW can substantially
reduce your risk, either with or without review by legal counsel.
Oregon CCW is very comprehensive, offering options far broader than needed for nearly
any job. But nothing happens in Oregon CCW until you answer the appropriate interview
question. If you don’t have the time to consider and understand the options
available, maybe you need an attorney more than you need Oregon CCW.
Of course, there is a middle ground. Attorneys are accustomed to reviewing contracts.
Produce a contract with Oregon CCW and get an opinion from legal counsel before
offering the document for signature. If your attorney suggests changes, and if Oregon
CCW can’t accommodate those recommendations, maybe Oregon CCW is not the best choice
for your work. If an Oregon CCW contract is approved by your legal counsel, use
that contract as a model for all similar jobs. Oregon CCW makes it easy to clone
any contract on file.
Please review
the disclaimer by clicking the PDF icon.
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Where can I
get a short, simple, standard Oregon construction contract form that's valid for
all types of work?
There's no such thing as a short, simple construction contract for residential work
in Oregon. The notices and disclosures required by Oregon law and Federal law make
even the shortest residential Oregon construction contractor form at least 10 pages
long. Drafting a legal Oregon construction contract is as complex as preparing a
tax return. If you use one of the popular income tax return preparation programs
(like TaxCut® or Turbo Tax®), Oregon Construction Contract Writer will become one
of your favorites.
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Is an Internet
connection Required?
An internet connection is required for program updates and during installation.
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What computers
can use Oregon CCW?
Construction Contract Writer is guaranteed to run on Windows XP and Windows Vista.
Microsoft .NET Framework 2.0 is required and will be installed automatically, if
needed.
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