A Brief Introduction About the Roof Replacement Contract
When there is any damage to your roof which needs repairs, then you need to get in touch with a roofing contractor. The roofing contractor will examine the nature of the damages and accordingly provide a quotation. Once all the terms and conditions of the agreement are agreed upon, a roofing contract is signed.
The details of the project, including removing existing material, replacing damaged plywood, installing ice-protective membranes, and cleaning up the site after completion of the project, are all mentioned in the contract. The contract also mentions any exclusions so that there is no dispute later on.
The project has to conform to the specifications of the National Roofing Contractors Association. The contractor shall provide a warranty that would include any failed component and will undertake the necessary repairs at their own cost. The contractor needs to respond to any failures within the time stipulated in the agreement.
The agreement has a disclaimer as per which the contractor is not responsible for any damages caused due to natural causes. The contractor cannot hold the client responsible for any harm caused to their employees during the tenure of the agreement. The roofing construction details will be checked with the contractor before payment is made.
Who Takes the Roof Replacement Contract?
When the owner of a property requires repairs for damages to their roofs, they need to engage a professional contractor for this project. When both parties agree to all the terms, a roofing contract is in effect.
How to Write a Roofing Estimate for a Roof Replacement Contract?
While preparing a roofing estimate, this is what you should incorporate:
- The surface area of the roof as per the building plan
- Calculate the total cost of materials using the surface area
- Include the wages, equipment rental, and your profit
Purpose of the Roof Replacement Contract
The roof repair contract ensures that the contractor makes a proper assessment of the project to be completed, including the condition of the roof, the number of days required to complete the project, the total costs involved, and the profit. The contractor then provides the estimate for the project to the client, which ensures that he/she cannot raise any disputes regarding the compensation.
The client verifies the estimate provided by the contractor and ensures that the price quoted by them is in line with the fair market price. The client will check the deliverables mentioned by the contractor. He/she would also have to make sure that all the materials were delivered and the repairs were carried out. These tasks would have to be completed to the satisfaction of the client.
Contents of the Roof Replacement Contract
A residential roofing contract includes the contractual obligations of both parties. A standard contract contains the following:
- Names of the parties to the contract, the client and contractor
- Communication details of both parties
- Project details including removal of parts, replacements, installation and finally cleaning up of the site
- Contract terms: Adherence to National Roofing Contractors Association, guarantees regarding products and repairs, timely responding to any complaints, exclusions like natural calamities
- No other contract or arrangement will be considered valid apart from this contract
- Resolution of disputes
- Disclaimers protecting both parties from each other
- The consideration payable to the contractor
How to Draft the Roof Replacement Contract?
You can refer to a roofing contract template before drafting the agreement. The points to consider while preparing this agreement are:
- Eligibility for participation: Both signatories to the agreement should be over 18, of sound mind and not coerced to enter the contract
- Consideration for the contract: The price payable to the contractor, the payment schedule, the penalty for payment delays
- Terms of the contract including disclaimers or provisions for extension of the contract. One of the most important clauses that you need to include is about the warranty. Your contract should include the timeline within which the roofing company should respond to any notice given about a roofing leak, failure or fault. However, as a roofing company, you should put in a clause that outlines the causal events that preclude you from shouldering the responsibility. If such events were to occur, your clause should specify that the timeline for responding will not apply and any damages incurred will be the sole responsibility of the customer. Such causal events can include damage due to wind or unauthorised modifications to the house.
- Dispute resolution clause: Method of dispute resolution, attorney fees, and jurisdiction of the case
- Termination clause: Events leading to termination of the agreement. Notice to the other party in the event of premature termination
- Governing Law: Contract should conform to the laws of the state
- Signature of both parties: A page should be reserved for signatures
Negotiation Strategy
The contractor should share the draft roof replacement contract with the client before the agreement is finalized. The client should negotiate the price of the contract after considering the prevailing market rates and the scope of the project with a counteroffer. Both parties should agree on all clauses.
Benefits & Drawbacks of the Roof Replacement Contract
The benefits of a roof replacement contract are given below:
- Protection of interest: The client knows that if the contractor does not complete the project to their satisfaction, the contract can be terminated. The contractor is aware that they will receive full payment on time if the project is completed according to the client’s requirements
- Legal action can be taken for non-performance
- Dual benefit for the contractor: If the contractor performs well, apart from getting the full fee, they may also get an extension.
The drawbacks of a roof replacement contract are as under:
- Losses for both parties: The contractor might not get paid and cannot take any legal action. The client will have to find another contractor if the contractor leaves.
What Happens in Case of Violation?
Sample roofing contracts can be used to ensure that all clauses have been included to minimize scope for violation. If the contractor or client violates any clause, the injured party can claim monetary damages(1). Where one party is not competent, the other party can claim restitution and have any money or property invested returned. A contract can be canceled for fraud under rescission or a new contract drawn under reformation.
In the case of specific performance, the contractual obligation has to be fulfilled. Money damages are not accepted.
A roofing contract agreement should include all clauses to ensure that the agreement is fair to both parties. Both parties should understand their contractual obligations before signing the agreement. The process of dispute resolution should be decided so that disputes can be sorted out conveniently.