How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36960
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My general contractor sent me a contract for construction two

Customer Question

My general contractor sent me a contract for construction two small offices in my coomerical location. I would like some to view the contract for my protection. Will I be able to send it online for one of your lawyers to review it?

Lobsang Rapgay
San Fransico
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post, Lobsang,

My apologies but we here cannot fully evaluate or review your contract for you as that mae be considered representation and would violate site rules. But you can posts specific sections or conditions of the agreement for evaluation, and that I would be more than happy to assist you with. Would that suffice?
Customer: replied 1 year ago.

Could you respond to the following issues:


 


1) The contract states "All workmanship is warranted for 1 year". Does a one year warranty sound acceptable


 


2) The contract states "Dispute or claim will be decided by binding arbitration" I imagine this is not a problem


 


3) The contract states " that if contractor, subcontractor, laborer or supplier if not paid they have right to place a lien on the property" Is there anything I can do to protect myself


 


4) If the general contractor has purchased worker’s compensation insurance specifically for our project, will that cover injuries and claims by subcontractors, laborer or suppliers. Or do I need each sub-contractor to have worker’s comp or is that something that the general contractor takes care of.


 


5) Should I have a clause added about if general contractor or sub-contractor commits a error in construction, he or she will be responsible for the correction


 


6) Should I add a clause asking the general contractor that he or she will pay the sub-contractor on time and ensure they have workers'comp


 


Thank you very much.


 


Lobsang

Expert:  Dimitry K., Esq. replied 1 year ago.

Lobsang,

Thank you for your follow-up. Please allow me explain below:


 

1) The contract states "All workmanship is warranted for 1 year". Does a one year warranty sound acceptable
That is typically an industry standard. You can ask for more but almost all professionals provide a limited 1 year warranty.

 

2) The contract states "Dispute or claim will be decided by binding arbitration" I imagine this is not a problem
That may be a problem, instead of going to court you would need to hire your own arbitrator, your own attorney, and have this arbitrator act as the judge and make decisions. At times binding arbitration ends up being more expensive than court, but at this point those clauses are almost a given.

3) The contract states " that if contractor, subcontractor, laborer or supplier if not paid they have right to place a lien on the property" Is there anything I can do to protect myself

That is a builder right. Other than paying on time, this condition really cannot be bypassed.

 

4) If the general contractor has purchased worker’s compensation insurance specifically for our project, will that cover injuries and claims by subcontractors, laborer or suppliers. Or do I need each sub-contractor to have worker’s comp or is that something that the general contractor takes care of.

Excellent question, ask if the policy is an 'umbrella coverage' type or specific to the contractor. The former covers all, including sub-contractors that the builder may bring on-board.

 

5) Should I have a clause added about if general contractor or sub-contractor commits a error in construction, he or she will be responsible for the correction

You can, although this is likewise understood in the industry as a fact of business. Still, to ensure that the parties agree and know their own liabilities it may be wise to do so.


6) Should I add a clause asking the general contractor that he or she will pay the sub-contractor on time and ensure they have workers'comp
That you cannot, what you can do is your can add language stating that if the sub-contractors place a lien or encumbrance against your property for any reason pertaining to general contractor behavior (such as non-payment), the general contractor agrees to indemnify you (cover the costs) and likewise cover your attorney fees.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36960
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

One more question, the contractor told me that he will not hire any subcontractor for the construction project and that he has worker compensation insurance but it does not have umbrella coverage.


 


Is it ok if I ask him to add a clause in the contract saying that he will not use subcontractors for the project and that his worker comp insurance will cover all laborers he involves in the project, and that the owner has no liability in case of any injury to anyone working on the project.


 


Will that clause protect me in case of an accident or injury? Is the above wording legally adequate if it will protect me.


 


Lobsang

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

What you are asking is commonly known as an 'assignment clause', or a request that he not assign any part of the work to someone else. You can add language stating that no part of the project be assigned to third parties without your knowledge and permission (which you would not have to provide). Such a clause would potentially protect you from further liability.

Good luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.