Smart contracting begins with SmartContracts. These forms were designed to be used by construction Buyers and Sellers (homeowners, commercial project managers, all contracting trades and material suppliers).

They will be helpful for residential and light commercial construction projects, from repairs and remodeling to new construction, including homes, stores and other small building projects.

The package includes: Bid Proposal Project Agreement Plan Sheet Specification Sheet Right to Cancel Change Order(s) Partial Waiver/Contractor's Affidavit Final Waiver/Contractor's Affidavit Completion Certificate & Punch List

The forms are self-explanatory. When you receive your forms, read them thoroughly to familiarize yourself with their sequence and use. Study the Project Agreement in particular. Some forms may not be necessary. Those absolutely necessary for every project are noted as "REQUIRED" and are used on all contracted work, whether minor repairs or larger projects.

If you need help, consult an attorney. We cannot provide legal advice.

The Bid Proposal is used for initial bids and prices. For Buyers, three bids are recommended on most projects. Upon acceptance, the next step is to complete a detailed Project Agreement.

The Project Agreement (REQUIRED) is a four page document. It is the 'contract’ used to manage the project -- the focal point of the entire project, providing general terms and conditions for both Parties (Buyer and Contractor). All details about the work should be recorded in the Specifications section of the Project Agreement and/or on the separate Specification Sheet. Changes after signing the Project Agreement should be written on a Change Order.

The Specification Sheet is for separate or additional specifications (“specs”), beyond the space provided in the Project Agreement. When applicable, check the box " Additional Specifications attached.”

Generally, specs describe the brand names of products; descriptions of materials; construction methods to be used; and, services to be provided by the contractor and subcontractors. Be specific and cover every detail possible. You'll save time and money by being precise.

A Plan Sheet may be used if you don't use architectural drawings. Note that most municipalities require drawings for structural work, stamped by a licensed architect. When necessary, use the Plan Sheet at the bidding stage. If your municipality doesn’t require architectural drawings, attach the Plan Sheet to the Project Agreement to serve as your drawings(s) and check the box "Plans Attached." If your municipality requires architectural drawings, state so on the Project Agreement in the Specs.

Right to Cancel forms (REQUIRED) are  compulsory under federal law and most state laws for in-home sales. They are completed at the same time as the Project Agreement and initialed by the Parties. The Contractor and each homeowner on title to the property (typically, husband and wife) has the right to cancel the contract.

WARNING: DO NOT SIGN THE RIGHT TO CANCEL FORM IF YOU DO NOT INTEND TO CANCEL THE CONTRACT.

Change Orders are used after the work begins and a change in the work is requested or required. In this way, you need not draft a new contract for each change.

Partial and Final Waiver & Contractor's Affidavit forms (REQUIRED) are used for each and every payment to the Contractor. These forms operate as the Buyer's receipt and the Contractor's waiver of lien rights. There are two types of Waiver & Contractor’s Affidavit forms (i.e., Partial and Final), and are combined since a Waiver & Contractor's Affidavit are commonly required at the same time as payments are requested.

The Partial Waiver & Contractor’s Affidavit form is used for each payout prior to the last payment. The Final Waiver & Contractor’s Affidavit is used for the last payment. Be sure to use the Final Waiver & Contractor's Affidavit form for the last payment only.

The Contractor's Affidavit portion of both forms also serves as a checklist for collecting all waivers and affidavits from contractors and subcontractors and waivers from suppliers. It names all subcontractors (and sub-subcontractors) working on the project under the general contractor. It also names all suppliers to the general contractor, subcontractors and sub-subcontractors through their Contractor’s Affidavit.

Every contractor, whether a general contractor (“GC”), subcontractor or tradesman (referred to as “sub”) working on the site should provide a Waiver & Contractor's Affidavit upon receipt of any payment.

Subs provide a Waiver & Contractor's Affidavit to the GC when they're paid by the GC. The GC then provides all of the subcontractors Waiver(s) & Contractor's Affidavit(s) to the Buyer, along with the GC's own Waiver & Affidavit, when the Buyer pays the GC. Material suppliers (who do not work on the site) furnish Waivers of Lien only.

When dealing with a GC, you may receive similar looking forms from subcontractors. Do not be alarmed. Simply verify that the sub’s form is both a "waiver of lien" and "contractor's affidavit," and that it lists all of the sub’s suppliers. Remember, material suppliers furnish Waivers of Lien only.

The Completion Certificate & Punch List is the last form used. The Completion Certificate ends the work and is used for creating a Punch List of work needing completion and small repairs.

You may require multiple copies of documents, so keep the original forms for future needs.

Please note, these forms are licensed to the original SmartContracts buyer and are not to be sold, reproduced, transferred or otherwise distributed to any other person or business. Please refer interested parties to SmartContracts.Com.

Consult an attorney before using SmartContracts forms. You may wish to make changes to these forms to fit your particular needs.

This diagram below is an example of possible contractual relationships between different parties and the corresponding forms for each.

We hope all goes well with your project.
Please refer others to SmartContracts.Com.

NOTICE:

The information contained in this web site is an interpretive summary of construction documents and is subject to change without notice. SmartContracts.Com strongly recommends users seek legal advice before relying on any information provided in this web site to confirm the information is current and accurate. This web site is provided as a courtesy and SmartContracts.Com accepts no liability in connection with reliance on this web site, or any loss sustained by anyone using or relying on the information contained in this web site. The intended purpose and your use of this web site provides a general framework for understanding and dealing with construction documents.

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