The paperwork that actually protects you on a construction project. (checklist)

The paperwork that actually protects you on a construction project. (checklist)

Real Estate Consultant · Houston TX · Member since 2021 · 124 posts · 93 votes

I review construction bids and project documentation for a living, mostly commercial and investment property work in Texas. The pattern I see over and over: disputes almost never come from bad workmanship. They come from missing paperwork that should've been nailed down before the first sub showed up.

Sharing the checklist I actually use when I review a project, in case it saves someone here a bad month.

Scope of work - Get materials, finishes, and specs in writing. If it's not written down, it's not the contractor's obligation. "We'll figure out the upgrades as we go" is how change-order disputes start.

Timeline with real milestones - Not just a start date and a completion date. If there's nothing in between, you won't know you're behind schedule until you're already behind.

Payment schedule tied to completed work - Draws should follow verified progress, not a flat monthly calendar. If someone wants a big chunk upfront before work starts, that's not normal, that's a red flag.

Contractor agreement - Scope, timeline, payment terms, change order process, and how disputes get resolved. This is the document everything else hangs off of.

Signed subcontractor agreements - Confirm your GC actually has contracts with their subs, not verbal handshake deals. If a sub isn't under contract and their work fails, you've got no recourse through the GC.

Conditional lien releases - Signed at every payment, before the check clears.

Unconditional lien releases - Signed after final payment. This is your proof no one can come back and file a claim on the property.

Proof of liability insurance - Current certificates, GC and every sub. Don't take someone's word that they're covered, confirm the policy is active and the limits make sense for the project size.

Workers' comp certificate - Separate document from liability insurance. If someone gets hurt on your property and the contractor doesn't carry this, that exposure can land on you.

Permits and inspection records - Keep your own copies, don't rely on the contractor's file. If you ever sell or refi, this is what proves the work was done to code.

Every one of these exists to answer one question if something goes sideways: who's responsible, and can you prove it.

Curious what others here have run into, anyone had a lien filed or a dispute where one of these was the actual gap that caused the problem?

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3mo

    Great list JS....! It amazes me how few Customers know or even care about having the proper paperwork involved in their project. Even more amazing is how few Contractors bother to have the proper paperwork. This is how virtually ALL problems start in a construction project.

    Based on decades of custom home remodeling/building, I think the most important one of the above is the SOW. Everything, and I mean every little thing should be in this document and I attach it as 'Exhibit-A' with the Contract when signing. It could and should be as long as 10 pages or more, and include pictures, manufacturer, model name or #, SKUs and the like. Even specify things like lumber grade...

    Another critical one is the CO, or Change Order. These should be executed immediately when the customer asks for something extra or changes something - I've found that this is the one huge deal killer because these changes cause delays and the Contr always gets blamed for going over schedule...even when the delays are 100% on the customer! COs should include not only details of the proposed change, but also a line item noting the time that is estimated to be lost. 

    I had a customer once who said at the end of the project "your work is awesome but I'm disappointed that you went over schedule". I grabbed my job binder and pulled out 43 COs...yes, 43. Worth $300k. All of them were signed by him and included time changes adding up to several months. He had 'forgotten' about ordering the changes. Never apologized for blaming the over-run on me though, Lol....

    Anyway, yes all of these items are critical and every customer should insist on them They not only provide protection for the customer, but also for the Contractor...and maybe most importantly, they will give any project a chance of arriving at the finish line on time and on budget.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    2mo

    Plans arent enough on SOW too! Gotta have every detail of loading, staging, parking, etc.

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