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BETTESWORTHConstruction
construction contracts

What to include in a construction contract to protect against poor workmanship

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The best protection against poor workmanship is a contract that makes the promised result measurable, ties payments to inspectable progress, and gives you a documented way to require corrections. Put the parties, license and insurance information, detailed scope, materials, schedule, payment milestones, inspection and punch-list process, warranty, change-order rules, permit duties, and dispute steps in writing before work or payment begins. Contract, licensing, deposit, cancellation, warranty, lien, and dispute rules vary by state and locality, so have a significant project reviewed by a qualified local professional and verify the current requirements where the property is located.

The Federal Trade Commission advises consumers to read the contract carefully because requirements vary by state. Its consumer guidance is available at How To Avoid a Home Improvement Scam.

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Why a detailed contract helps prevent bad work

A vague promise to renovate a kitchen, replace a roof, or finish a basement is difficult to enforce because it does not define what complete and acceptable work looks like. A strong agreement converts the promise into observable obligations: which rooms are included, which products will be installed, what preparation is required, when each stage is due, how quality will be checked, and what happens when the result falls short.

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The contract also creates a record. If a dispute arises, you can compare the built work with the signed scope, approved drawings, specifications, change orders, inspection results, and payment schedule instead of relying on memory. No checklist replaces local legal advice, but the provisions below give a homeowner a practical drafting framework.

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1. Identify every responsible party and verify credentials

Use each party’s full legal name, business address, telephone number, email address, and the name and title of the person authorized to sign. If a company will perform the work through a different general contractor, subcontractor, or affiliated entity, identify that relationship and the entity actually responsible for performance. Record the contractor’s state or local license or registration number where one applies.

Attach or describe proof of insurance, including the insurer, policy type, policy period, and limits represented to you. Ask whether coverage includes general liability and workers’ compensation as applicable to the project. Do not rely on a verbal statement that the contractor is licensed or insured; verify the information with the relevant state or county authority. The FTC recommends considering licensed and insured contractors and checking credentials with government offices. Wisconsin’s home-improvement rule also addresses seller identity, disclosure of a different general contractor, and written evidence when insurance or another protection is promised; it is a state-specific example, not a nationwide form. See Wisconsin Administrative Code ATCP 110.05.

2. Define the work so it can be inspected

Attach a controlled scope of work

State the project address and describe every area and task. Include demolition, protection of existing finishes, preparation, installation, testing, cleanup, debris disposal, temporary protection, and restoration. List exclusions expressly; silence about an item is a common source of extra charges. Incorporate proposals, drawings, plans, specifications, schedules, and allowances by exact title, date, and revision number. A clause saying that an attachment is part of the contract is not enough if nobody can identify which version controls.

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For each major element, state the observable result. Examples include substrate preparation before flooring, required slope and drainage at a shower, cabinet layout and hardware, insulation values, window model and installation method, paint sheen and number of coats, or the location and finish of electrical devices. Identify applicable building-code, manufacturer-installation, engineering, or inspection requirements without promising that a code reference alone defines the desired finish. The FTC recommends a written estimate describing the work, materials, completion date, and price; Wisconsin and Massachusetts rules provide more detailed state examples. See Massachusetts 201 CMR 18.05 and the Wisconsin rule linked above.

Specify products and acceptable substitutions

Name principal products and materials by manufacturer, model, grade, dimensions, color, or performance specification when those details affect appearance or durability. State whether an allowance is a budget placeholder and how the final cost will be calculated. Require your written approval before a substitution, and say that the substitute must meet or exceed the original performance, appearance, code, and warranty requirements. Include a process for approving samples or mockups when the finished appearance matters.

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3. Set price and payment milestones around completed work

Identify whether the price is fixed, cost-plus, or time-and-materials. For time-based work, list labor rates, overtime rules, equipment charges, markup, material pricing, taxes, and the records supporting an invoice. State every allowance, exclusion, finance charge, and permit fee so the apparent contract price cannot conceal major unknowns.

Use installments stated as dollar amounts or a clear calculation. Tie each payment to a completed, inspectable milestone rather than to a calendar date alone. A schedule might separate demolition and approved disposal, rough plumbing and electrical after inspection, weather-tight enclosure, installation of specified finishes, and final completion. Do not pay the entire price up front. The FTC warns that some states limit down payments and advises withholding final payment until the work is completed and satisfactory. The exact deposit limit and lawful payment mechanism depend on local law.

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Payment term What the contract should state Homeowner check before paying
Deposit Amount, permitted uses, and any state-law limit Confirm the amount is lawful and obtain a receipt
Progress installments Dollar amount or formula, milestone, invoice records, and approval process Inspect the milestone and compare delivered work with the scope
Allowances Budgeted amount, selection deadline, and treatment of overage or credit Approve selections and retain invoices or credits
Final payment Completion conditions, closeout documents, and any lawful holdback mechanism Pay only after the agreed work and corrections are complete

4. Make final acceptance and correction workable

Reserve a right to inspect work during construction, with reasonable notice and access rules. Require the contractor to notify you before covering work that will become concealed, such as framing, waterproofing, insulation, or underground utilities. The notice should identify what is ready for inspection and provide photographs or other records when an inspection cannot reasonably occur.

Define substantial completion and final acceptance separately. At substantial completion, walk the project using the signed scope, drawings, and specifications. Record each deficiency by location, description, relevant contract requirement, photograph, responsible party, and target correction date. Require a written correction plan and a date for completion. Final acceptance should require completion of the agreed punch list, required inspections and sign-offs, delivery of warranties and manuals, removal of debris, and restoration of affected areas.

These inspection and punch-list controls are practical drafting measures. They make the detailed scope and satisfactory-completion promise usable; they are not presented as a single nationwide statutory requirement.

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5. Set dates, milestones, and a delay procedure

Include the planned start date, target substantial-completion date, milestone dates, normal work hours, site-access assumptions, and the homeowner decisions needed to keep the schedule moving. Identify who orders long-lead materials and who is responsible for confirming deliveries. State how weather, permit delays, owner changes, hidden conditions, labor shortages, or unavailable products affect the schedule.

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Require prompt written notice of a delay, its cause, expected duration, mitigation steps, and requested extension. An extension should identify the revised milestone or completion date rather than leaving the schedule open-ended. Massachusetts rules list scheduled start and substantial-completion dates for covered residential contracts, and the FTC recommends putting dates in the written agreement; neither source makes every schedule provision universal. Confirm the current rule for your location.

6. Write a specific workmanship warranty

Separate the contractor’s labor and workmanship warranty from manufacturers’ product warranties. The contract should state the covered work, exclusions, maintenance conditions, warranty term, and the date the term begins. Avoid a bare promise to fix defects; explain how a claim is submitted, where it is sent, what information is required, when the contractor will acknowledge and inspect it, and whether the remedy is repair, replacement, reimbursement, or another defined correction.

State how manufacturer warranties will be delivered, registered, or assigned to you and whether the contractor must assist with a claim. Clarify that a product warranty does not erase the contractor’s responsibility for improper installation when the contract or applicable law makes the contractor responsible.

Georgia’s written-warranty rule lists coverage, exclusions, performance standards, term, claim procedures, contractor response choices, and assignable manufacturer warranties for covered residential construction. Wisconsin’s warranty rule addresses clear exclusions, scope and duration limits, and the time for performing warranty obligations after a valid claim. Those are state examples, not a universal warranty duration or form. Review the current texts at Georgia Comp. Rules & Regulations 553-7-.01 and Wisconsin Administrative Code ATCP 110.04.

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7. Require signed change orders before extra work

Do not let a field conversation silently change the deal. Require a dated, signed change order before additional, omitted, or substituted work begins, except for a narrowly defined emergency procedure. Each change order should state the revised scope, products or materials, price increase or credit, payment effect, schedule effect, and any change to warranty or performance. Name who may approve a change for each party and prohibit a worker or subcontractor from authorizing cost increases on your behalf.

For concealed damage or an urgent safety condition, require photographs, a description of the condition, reasonable investigation, and a written proposal before proceeding whenever work can safely pause. If immediate action is necessary, set a spending cap and require written confirmation as soon as practical.

8. Assign permits, inspections, and project records

List every permit and inspection expected for the project. State who applies, who pays the fees, who schedules inspections, and who supplies copies of applications, approvals, correction notices, inspection results, and final sign-offs. The FTC warns consumers about contractors who ask homeowners to obtain required permits without explaining the responsibility; verify the local process rather than accepting an unexplained handoff.

Identify every incorporated document and its version: drawings, engineering details, product schedules, energy documents, allowances, site rules, and approved samples. Massachusetts rules include a permit-responsibility notice for covered residential contracting, while Wisconsin requires identifying documents incorporated into the contract. These provisions illustrate why the assignment should be explicit, not why one state’s wording applies everywhere.

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9. Control communications and disputes

Name the people authorized to give instructions, approve selections, sign changes, and receive notices. Specify acceptable written channels, such as email and a project-management address, and state when a notice is considered received. Require prompt notice of any condition that could affect cost, quality, safety, or schedule.

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Set an escalation path: first a written notice describing the issue and requested cure, then a meeting with the responsible manager, followed by a specified mediation, arbitration, or court process if appropriate. Read any arbitration clause before signing. Check who pays filing and hearing costs, whether emergency court relief remains available, where the proceeding occurs, and what deadlines apply. Massachusetts rules discuss arbitration disclosures and dispute routes for covered contracts, but the availability and effect of a clause depend on local law and the signed terms.

10. Complete, sign, and retain the agreement

Fill every blank, cross out unused spaces, attach every schedule, and make sure the final page identifies the total contract price and all incorporated documents. Have the homeowner and contractor sign and date the same version before work or payment begins. Obtain a complete copy, including drawings, specifications, warranty pages, change-order forms, and insurance evidence.

Keep a project file with the signed contract, bids, receipts, invoices, selections, approvals, photographs, inspection records, delivery tickets, notices, and conversation notes. The FTC specifically recommends filling blank spaces, keeping records, and following phone discussions with written confirmation. Massachusetts and Wisconsin rules address delivery of a signed copy to the owner for covered contracts; confirm the current requirement where you live.

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What to do before signing

  1. Get comparable written estimates. Give each contractor the same drawings, specifications, allowances, and exclusions. Ask why bids differ materially instead of choosing the lowest number automatically.
  2. Verify credentials independently. Check the license or registration with the relevant state or county, request current insurance evidence, and review complaints through consumer-protection authorities.
  3. Ask scenario questions. Get written answers about concealed damage, unavailable materials, failed inspections, weather delays, owner-caused delays, and cleanup.
  4. Read financing and cancellation terms. Do not sign under pressure or accept financing paperwork you have not read. The FTC notes that a home-improvement solicitation signed at home or away from the seller’s regular place of business may carry a three-business-day cancellation right in qualifying cases; eligibility, exceptions, and the required notice depend on the transaction and applicable law.
  5. Have significant contracts reviewed locally. A local construction lawyer or other qualified professional can check licensing, deposit, lien, warranty, notice, and dispute provisions that a general checklist cannot resolve.

How to compare competing bids and contract terms

Compare proposals on an identical scope before comparing totals. A lower bid may omit preparation, disposal, permits, finish work, or adequate allowances. Use the following worksheet questions while reviewing each offer:

Comparison area Questions to answer in writing
Scope and materials Are areas, exclusions, quantities, models, installation methods, and finish standards the same?
Price and payment Is the price fixed or variable, and are deposits, allowances, taxes, and markup clearly calculated?
Schedule Are start, milestones, substantial completion, work hours, and extension conditions stated?
Quality and warranty What workmanship is covered, for how long, and how quickly will a valid claim be addressed?
Permits and records Who obtains permits, schedules inspections, and supplies approvals and closeout documents?
Changes and disputes Who can approve changes, what must a change order contain, and what escalation route applies?
Closeout What must be complete before final payment, including punch-list items, manuals, warranties, and lawful lien-related documents?

If the workmanship is poor

Document and compare

Photograph or otherwise record the condition promptly, including wide views and close-ups with dates where possible. Compare each item with the signed scope, specification, approved sample, drawing, code-related inspection result, or change order. Preserve defective materials if doing so is safe and practical, and keep invoices for temporary protection or expert evaluations.

Send a precise written notice

Describe the item, exact location, date observed, relevant contract requirement, effect on use or safety, and correction requested. Ask for a written response and proposed completion date. Keep copies and notes of every conversation. The FTC recommends first trying to resolve the issue with the contractor and following phone calls with a letter sent by certified mail with return receipt.

Escalate when a cure fails

Use the contract’s notice and dispute steps, while protecting applicable deadlines. If the contractor will not correct the work, contact the state attorney general or local consumer-protection office, a home builders association, or an available dispute-resolution program. Seek local legal advice promptly when defects are serious, safety is involved, a lien or payment deadline may be affected, or the contractor disputes responsibility. The FTC identifies these outside resources in its guidance at How To Avoid a Home Improvement Scam.

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Local law still controls the final document

Wisconsin, Massachusetts, and Georgia materials show the kinds of details a protective contract may contain, but their rules apply only within their stated scope and jurisdiction. The Massachusetts regulation cited here was amended effective June 6, 2025, and official pages can change. Before signing, verify current text and local requirements for contractor licensing, deposits, cancellation rights, warranties, permits, lien notices, retainage, prompt payment, arbitration, and record delivery. A carefully drafted contract makes quality measurable and corrections easier; it cannot waive protections that local law makes mandatory or guarantee that a dispute will never occur.

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