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Author Topic: Could I peek at your contracts?  (Read 2334 times)

Tim Weaver

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Could I peek at your contracts?
« on: February 07, 2012, 04:37:31 pm »

Hi all. I'm in a bit of a pickle here. I have a church that I have mixed at several times. They expressed interest in a new flown PA to fix their intelligibility problems (single srx725 per side). I discussed many options with them along with pricing and scope of work. Now they want me to install it!

Problem is, I'm not an installation company. I'm a small sound company. I want to do this right, and I can, I have done many installs before for other companies. I will be subcontracting an electrician and a rigger. What I need is an example of a contract for the installation of equipment. I have no idea where to start or what to include on the paperwork side of things. Since I want this to be 100% correct I thought I would ask the installers here If I could peek at one of your contracts to get an idea of what's needed.

If it's possible to get a contract like this from legal zoom that's probably what I will do. I'm just not sure what the contract needs to cover.

Looking for any help in the legal arena.

TIA,
-=Tim=-
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Tom Brandis

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Re: Could I peek at your contracts?
« Reply #1 on: February 08, 2012, 02:18:52 pm »

Hi Tim. Although my installs are at clubs, with my equipment, and probably don't have the verbiage you need for your circumstance, I paid a pretty penny to have the contracts written up by a lawyer. Upwards close to three grand. I've had many people ask for copies of it so they could use it. My feeling is this, my contract is a piece of equipment that I paid for and I wouldn't let another sound company borrow it without paying for it.

If I did give it away and people started to omit paragraphs or change things, they may screw themselves because one paragraph or section may be directly related to another that may have been deleted.

My recommendation to you is to contact a lawyer and have something written up specific to you and this install.

Also make sure you have liability insurance and everyone that works on this project is licensed and bonded. Coverage needs to be in effect for a time period after the work is completed to. If something was to happen and someone is injured, I guarantee everyone who had anything to do with the install will be named in the suit.

CYA, even if it cost you.
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Brad Weber

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Re: Could I peek at your contracts?
« Reply #2 on: February 08, 2012, 03:15:13 pm »

Many of the documents are intended more for General Contractors but you might want to look at some documents such as A105 and A107 from http://documentsondemand.aia.org/.  I believe that NSCA and InfoComm may also have some related resources for members, if you happen to be a member of either.

You may have to address issues such as if there are requirements relating to low voltage Contractor or Electrical contractor licensing, any insurance or bid/performance bond requirements, being able to pass through warranty on products (if you are not an authorized dealer and purchase equipment that you then resell to the church then the related warranty may lie with you rather than the church), sales tax for any equipment sold, etc.

Things to address in the Contract from your side include payment terms including any downpayment and/or retainage, site conditions (access, on-site storage, parking, deliveries and so forth), schedule and work hours required/allowed and ownership of any programming and documentation.

From the Owner's side the Contract should address not just what equipment is being provided and installed but also what the system will do, the warranty, the documentation and training to be provided and so on.

One of the aspects often left undefined is what determines the work being complete and the Contract fulfilled.  I've seen Owners use final payment to extract work beyond that really in the Contract and I've seen Contractors asking for final payment before the system is finished and then walk away with it left unfinished if they get full payment.  But even if both parties are operating in good faith there can be differences in what each sees as the work being complete and final payment due.  The better you can define the work and when it would be complete, or what should be completed for an associated payment, the better for all parties.

People can get intimidated by complex, verbose Contracts with all sorts of legal language but I like to remind them that it often becomes a situation of dealing with that known amount of paperwork and legalese now or possibly dealing with an unknown, and likely much greater, amount later.

Beyond that, I agree with Tom.  There may be state or local laws, project conditions, scopes of work, requirements, etc. that might be relevant to one Contract and not another.

You might also want to get yourself named as an insured on your subcontractors' insurance, that way in the unlikely event that something happens related to their work the claim can go direct to their coverage rather than through your coverage and then having to sue them.
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Re: Could I peek at your contracts?
« Reply #2 on: February 08, 2012, 03:15:13 pm »


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