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For today's contractors, legal problems are usually hidden, like snakes in a swamp. The Contractor's Plain-English Legal Guide shows you where to find them before they find you.
You're less likely to need a $200-an-hour guide with a law degree if you follow the simple directions in this easy-to-read guidebook. It gives you directions on the simple tasks you can do yourself without the help of a lawyer, as well as point out to you when you may actually need a "pro" to take your case.
For the price of about 10 minutes in a lawyer’s office, the Contractor's Plain-English Legal Guide will make many of those visits unnecessary.
You'll find:
- Directions for starting a business
- What to put in every contract
- How to collect what's owed to you
- What laws affect your jobs
- What to do about job injuries
- How to file a lien that holds up
- How to handle warranties
- Where you’re liable for subcontractors
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. The Contractor's Plain-English Legal Guide is the next-best thing. It tells you where the pitfalls are hiding, 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:
- How should you set up your company?
- What should be in every contract
- Collecting what’s owed you
- What if someone’s injured on the job?
- Protecting yourself from dishonest customers
- What should you know about warranties?
- Protecting your assets
- When is an attorney your best option?
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.
The "Contractor's Plain-English Legal Guide" includes a CD-ROM with all the legal forms shown and explained in the book, plus extra forms with filled-out copies as examples. Install the forms on your hard drive, fill them out, print, and send to your customers. Or print them out blank and fill in by hand.
Table of Contents
Part One: Startup Legal Problems 5
1. What Do You Need to Start a Construction Business? 7
Can You Work Out of Your Home? 8
What Do You Need from the IRS? 10
What Do You Need from the State? 12
What Records Should You Keep and Why? 20
2. Sole Proprietor, Partnership or Corporation? 25
When Does It Make a Difference? 25
What Is a Sole Proprietorship? 27
What Is a Partnership? 30
What Is a Corporation? 42
Part Two: Construction Contracts 51
3. What Does Every Contract Have to Have? 53
The Four Requirements for a Contract, 53
A Contract Starts With an Offer, 55
A Contract Must Benefit Both Parties, 60
An Offer Has to Be Accepted, 62
Consumer Protection Notices, 63
If the Contract Doesn’t Have Everything, 64
4. Contract Terms: Filling In the Blanks, 67
Who Are the Parties? 67
Scope of the Work Clauses, 76
The Payment Amount, 80
The Payment Terms, 82
Work Schedules, 86
Change Orders, 88
Indemnity Clauses, 90
Settling Disputes, 93
Warranty Clauses, 93
Consumer Clauses, 94
Part Three: Legal Guidelines for Running a Business 97
5. What If You Hire Someone? 99
Employee or Independent Contractor? 100
Taxes and Social Security Payments, 101
Unlawful Discrimination in Hiring, 102
Protecting Others from Employee Negligence, 107
Employee Handbooks, 109
Affirmative Action Programs, 112
6. What Do You Have to Do for the IRS? 113
The Self-Employed and the IRS, 113
Your Employees and the IRS, 121
What If You’re Audited? 122
What If You Haven’t Filed Tax Returns? 123
7. How Do You Collect What’s Owed You? 125
Small Claims Court, 127
What Is a Construction Lien? 128
Lien Waivers, 138
What Is a Stop Notice? 142
Payment and Performance Bonds, 143
Part Four: Legal Problems on the Job Site 145
8. What Laws Affect the Building Site? 147
Building Codes, 147
The Zoning Laws, 151
The Accessibility Laws, 159
Other Permits You Must Get, 161
9. How Is Safety Regulated on the Job Site? 163
OSHA Job Site Safety Requirements, 163
Employers’ Obligations Under OSHA, 164
Employees’ Rights Under OSHA, 167
OSHA Inspections, 170
10. What If Someone Is Injured on the Job Site? 171
When Your Employee Is Injured, 171
When a Sub or Sub’s Employee Is Injured, 174
When an Owner or Visitor Is Injured, 175
If a Trespasser Is Injured, 177
If the Contractor Is Sued for Negligence, 177
11. What If You Use Subcontractors Instead of Employees? 179
What Is a Subcontract? 179
Employee or an Independent Contractor? 181
If an Independent Is Injured on the Job, 183
Trouble Between the General and the Owner, 186
12. What Contract Problems Do Subcontractors Have? 189
Between the General and the Customer, 190
Between the General and Subs, 193
Solution The Subcontractor’s Addendum, 201
Part Five: Legal Issues in the Construction Industry 209
13. What Warranties Affect the Construction Industry? 211
Express Warranties 212
Implied Warranties 214
Disclaimer of Warranties 216
14. What Consumer Protection Laws Affect Your Business? 221
State Consumer Protection Laws, 221
The Federal Consumer Protection Laws, 228
15. What Legal Protection Is Available for a Company in Financial Trouble? 235
Protecting Your Personal Assets, 236
When Your Business Is in Trouble, 239
Save Your Business Without Bankruptcy, 240
Bankruptcy the Only Solution, 241
16. What About Retirement, Disability or Death? 245
Retirement Plans, 245
Health and Disability, 248
Death, 250
17. A Few Last Words About You and Your Lawyer, 253
How to Choose a Lawyer, 253
When to Call a Lawyer, 253
When to Call Another Professional, 254
What to Expect, 257
Glossary, 259
Index, 266
What’s on the CD? 269
By: Quenda Behler Story
Published by: Craftsman Book Company
ISBN: 1-57218-106-0
272 Pages, 8-1/2 x 11, Shipping Weight: 1.50 lbs.
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