As I sit down to write my annual list of resolutions for contractors, I am amazed at how much things changed in 2020. Construction was going well and then, in March 2020, COVID-19 hit. At first, we thought it was going to be a disaster for the construction industry. States, cities and towns shut down projects and many applied for PPP loans. Then, something amazing happened. Construction was considered an essential service and everyone was back to work.  That said, the work world changed: companies were donating their PPE to frontline workers, COVID-19 protocols had to be followed and paperwork had to be filed. Everyone was scrambling to figure out how to comply and keep their businesses going. So, you may or may not ask, what was I, as a construction lawyer doing? I spent March and April thinking about the new risks contractors/construction companies were facing and developing contract clauses to protect the industry. I wrote a number of blog posts with clauses to add to your contra

The Green Contract with the Consumer

1. Contract with Consumer

    1. Include type of certification sought and appendix with all requirements.
    2. Have consumer initial all pages and sign off.
    3. Do not promise what you can’t deliver.
    4. Installation is on builder but can have indemnity agreement with subcontractor.
    5. Failure to install properly can invalidate manufacturer’s warranties.
    6. Designate who is responsible for rebates
    7. Can always provide a warranty for your workmanship.
    8. Include suggested guidelines for performance, but do not guarantee performance.
    9. Spell out homeowner’s responsibilities to ensure performance.
    10. Include change orders for a greater than ten percent increase in the cost of materials.
    11. Include the right to substitute like materials if a given item is no longer available.

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