| Building Your Dream Theater: Step 2 - Homeowner's Guide to Construction Contracts |
|
|
| Home Theater Feature Articles Other | |||||
| Written by Brian Kahn | |||||
| Monday, 01 August 2005 | |||||
Page 1 of 3
AV Education on RHT Building Your Dream Theater: Step 2 - Homeowner's Guide to Construction Contracts Written by Brian Kahn After
you have selected the main players (installer, interior designer,
calibrator, acoustician) for your construction team as described in
Part One of this series of articles, you will need to negotiate the
contracts that will govern their work for you. It is an understatement
to say negotiating and drafting the contract documents is extremely
important to the success of any home project be it an addition, a
remodel or a dedicated home theater. The contracts will set forth the
guidelines that outline everyone’s responsibilities and scope of work.
In most cases with home theaters, the contracts come from an installer
or retail firm and everything is, of course, negotiable. In the event
that someone does not do what they are supposed to do, the written
contract will provide guidance to the available remedies. Not that you
are looking to sue anyone. You are, in fact, looking for the exact
opposite – a deal between you and the people doing the work on your
home or home theater system that leaves you happy with the results you
want at the right price.
While contracts can, and most likely should, be signed by everyone hired to work on your house, this article will focus on your home theater installer and integrator. However, many of these concepts are relevant to other trades like a general contractor, electrician, plumber, etc. Any of your subs, including your contractor, architect or designer, may provide you with a “standard” or form contract for you to sign. Don’t just sign it blindly without careful consideration, as you will be bound to all of the terms and conditions set forth in the contract. Standard Contracts
The form contracts used by many architects and designers have been
drafted by or on behalf of industry associations. These contracts may
appear to be evenhanded and fair, but they usually contain clauses that
favor the contractor. You are not bound to use the industry form
contract and should not be afraid to ask for changes to it. The
question then becomes: what do you look for in a contract? Negotiating
and drafting the contracts is definitely a good time to have an
attorney involved. A relatively small amount of money spent on legal
fees for reviewing or drafting a contract can save money, time and
frustration later on. Most attorneys want you to sign on with an open
checkbook philosophy. I recommend you dictate to your attorney, if you
choose to use one in this situation, the amount of time you want him or
her to look over such documents and or to make phone calls. Five
hundred dollars, even by big city standards, should be more than enough
to have someone look over the proposed contract and make sure you are
entering into a fair deal. Inside that two hours, you might also get a
phone call or two to finalize any little details between you and your
contractors. You don’t want your attorney to be a pit bull about
everything, but if your contractor isn’t willing to budge on things
that irk you or your attorney, you are getting bad vibes on the first
date that might suggest that you might want to interview other
contractors. Despite the building boom right now, there are always
other good contractors. |
|||||



After
you have selected the main players (installer, interior designer,
calibrator, acoustician) for your construction team as described in
Part One of this series of articles, you will need to negotiate the
contracts that will govern their work for you. It is an understatement
to say negotiating and drafting the contract documents is extremely
important to the success of any home project be it an addition, a
remodel or a dedicated home theater. The contracts will set forth the
guidelines that outline everyone’s responsibilities and scope of work.
In most cases with home theaters, the contracts come from an installer
or retail firm and everything is, of course, negotiable. In the event
that someone does not do what they are supposed to do, the written
contract will provide guidance to the available remedies. Not that you
are looking to sue anyone. You are, in fact, looking for the exact
opposite – a deal between you and the people doing the work on your
home or home theater system that leaves you happy with the results you
want at the right price.
The form contracts used by many architects and designers have been
drafted by or on behalf of industry associations. These contracts may
appear to be evenhanded and fair, but they usually contain clauses that
favor the contractor. You are not bound to use the industry form
contract and should not be afraid to ask for changes to it. The
question then becomes: what do you look for in a contract? Negotiating
and drafting the contracts is definitely a good time to have an
attorney involved. A relatively small amount of money spent on legal
fees for reviewing or drafting a contract can save money, time and
frustration later on. Most attorneys want you to sign on with an open
checkbook philosophy. I recommend you dictate to your attorney, if you
choose to use one in this situation, the amount of time you want him or
her to look over such documents and or to make phone calls. Five
hundred dollars, even by big city standards, should be more than enough
to have someone look over the proposed contract and make sure you are
entering into a fair deal. Inside that two hours, you might also get a
phone call or two to finalize any little details between you and your
contractors. You don’t want your attorney to be a pit bull about
everything, but if your contractor isn’t willing to budge on things
that irk you or your attorney, you are getting bad vibes on the first
date that might suggest that you might want to interview other
contractors. Despite the building boom right now, there are always
other good contractors.

