Whether you are looking to hire a residential or commercial painter to restore your home or business to its original beauty, there are several pitfalls you should be sure to avoid. Getting the right experienced painting contractor depends on you doing the proper research and asking the right questions before hiring. This applies to exterior painting or interior painting. For interior jobs, it could involve drywall work as well, or could exclude it, so it’s best to clarify needs going into it when working with professional painters or general contractors for painting services.
Make sure they’re licensed.
When hiring any type of contractor, it’s important that you make sure they are licensed through the state and hold all necessary permits, licenses or other authorization to perform any work on your home.
While some people may argue that you could paint a house or commercial building by yourself, there are different standards for those who charge for their services. If you are paying someone good money to paint your home or business, you want to make sure that they are going to do quality work. Hiring a licensed painting contractor, is a good way to ensure a beautiful paint job.
Check their references.
A painting project is an investment in your home or business. For this reason, it’s important that you hire a painting contractor with the right experience for your project. Do your research, check social media, review sites, industry related sites and ask for references for similar projects. When asking for references, be sure to inquire into projects they have done in the past that are relevant to the paint job you want done. If you’re looking for something high quality, ensure you ask questions to get those answers. If quality isn’t as high up your priority list, focus on timeliness, cleanliness, etc.
Also gauge how similar the job was to what you’re looking for. Were they doing a small painting job like a livingroom or addition, an entire house painting job, commercial painting, etc.
Ask about their insurance.
Any reputable painting company will make sure that their workers are protected through the proper insurance. This means that if their workers get hurt on the job, you won’t be liable for paying their medical expenses. Since painting a home or business often requires working on a ladder, it’s important that you check that their workers are insured, so you won’t be held liable if someone gets hurt.
As with any contract, you should be aware of all terms and conditions that you are agreeing to with another party. A well prepared contract will protect you and define the relationship between you and the other party. If you are ever unclear about what you are agreeing to or what you should include to protect you and your business, you should seek the advice of legal counsel.
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This Painting Contract (“Contract”) is made this ____ day of _________, 2019 (“Eﬀective Date”) by and between [HOMEHOMEOWNER] (jointly and severally if more than one, hereinafter referred to as the “Homeowner”) and [PAINTER], having a business address of [BUSINESS ADDRESS] (hereinafter referred to as the “Painter”). The covenants and conditions stated in this Contract shall bind both the Homeowner and the Painter, jointly and severally.
1. Scope of Work. The Painter will provide the following services via this painting contract:
Please note that any additional services or changes to the scope listed here will require a change order, which may include additional fees not outlined in this painting contract’s pricing section.
2. Project Location & Schedule. The project described in this painting contract’s scope of work shall be conducted at [PROPERTY ADDRESS]. The estimated start date is [PROJECT START DATE]. The project’s estimated completion date is [PROJECT END DATE]. While the Painter agrees to make every reasonable effort to start and complete the project by the dates listed above, the Client acknowledges that delays are common and possible due to interfering schedules, inclement weather, availability of materials, or other circumstances beyond either party’s control.
3. Payment. All fees associated with this painted contract are detailed in the pricing table below. Payment for the services rendered under this painting contract are due in full within 30 days of the project’s completion. The Painter agrees not to hold the Client liable for any additional time or materials not listed in the pricing table below unless prior approval from the Client is given in written form.
SCOPE OF WORK HOURLY RATE PROJECT CAP
4. Acceptance. Both parties agree to the scope of work, terms, and pricing outlined in this painting contract by applying their signatures in the fields below.
5. Independent Contractor Status. Homeowner and Painter agree that Painter is serving as an independent contractor under this Contract and that all employees, laborers, and subcontractors employed by Painter in connection with performing the work shall be the employees or agents of and the responsibility of Painter.
6. Permits and Approvals. Painter shall be responsible for determining which permits are necessary and for obtaining the permits. Painter shall be responsible to comply with all governmental, state, county and/ or local laws, rules and regulations pertaining to improvements to residential structures either internally or externally. Painter shall comply with all state and local licensing and registration requirements for type of work involved
7. Insurance. Painter shall obtain and maintain general liability insurance of not less than Two-Hundred and Fifty Thousand Dollars ($250,000.00), as required or appropriate. A copy of the Painter’s Certificate of Insurance showing such general liability coverage shall be provided to the Homeowner prior to the beginning of any improvements or repairs to the Premises. The Painter’s cost of obtaining and maintaining the above-described insurance coverage shall be the sole responsibility of Painter.
8. Arbitration in the Case of Disputes. In the event after completion of such investigation and review by Painter, and after the Homeowner has fully cooperated and provided Painter with the right to cure and/or elect remedies as required herein or the under the Limited Warranty, there remains a claim(s), dispute(s) or other matter in question over which Painter and Homeowner cannot agree to a resolution thereof, or in the event Homeowner and Painter cannot agree to the resolution of any other dispute arising under the terms of this Contract, Homeowner and Painter agree that a decision as to the disputed item(s) shall be reached through binding arbitration based upon the rules (the “Rules”) promulgated by the local Bar Association, or other mutually agreeable arbitration rules, which shall be conducted in a prompt and expeditious manner.
9. Entire Contract. This Contract constitutes the entire understanding between the parties with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties.
10. Governing Law. This Contract and performance hereunder shall be governed by the laws of the State of [STATE], without regard to conflicts of laws. Any action or proceeding based on this Contract shall be brought only in the state or federal courts located in the County of [COUNTY], State of [STATE], and both parties agree to submit to the exclusive personal jurisdiction of such courts. Process in any such action or proceeding may be served on either party anywhere in the world. Painter and Homeowner agree that the prevailing party in any such action or proceeding shall be entitled to recover the reasonable attorneys’ fees and costs incurred by such party in the course of prosecuting or defending any lawsuit brought under this Contract.
11. Severability. In the event any provision of this Contract is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Contract and all other provisions should continue in full force and effect as valid and enforceable.
12. Survival. The terms of this Contract shall survive the term of this Contract and shall bind and inure to the benefit of the successors, assigns, personal representatives, heirs and legates of all parties.
13. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, each of the parties hereto has caused the Contract to be executed by its duly authorized representative on the date set forth above.
[Painter Email] HOMEOWNER:
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Frequently Asked Questions and Resources
What is a contract?
Contracts are defined as written or spoken agreements which are enforceable by law. They can cover any topic or industry, whether sales, tenancy, employment, or otherwise (source).
What are the different types of contracts?
There are many different types of contracts, as defined by upcounsell, those for fixed prices, employment, lump sums, time and materials, unilateral or bilateral contracts, simple contracts and more. Each has its own specific terms, and can either be oral or written and some are non-negotiable (like adhesion contracts) while others have room to be adjusted or amended.
What makes a contract different from an estimate, quote, bid, or proposal?
Mainly contracts are set and finite and legally binding, whereas estimates, quotes, bids, and proposals are possibilities which can be accepted, rejected, negotiated, or ignored altogether. The key difference is that often a bid or proposal will contain terms and conditions that can be signed by the requestor and turned into a contract (source).
What should I include in my contract?
Every contract is comprised of no less than two core components: clearly outlined terms and signed agreement between two separate parties. For more information, read our 12 clauses you should include in every contract.
How should I write an effective business contract?
Contract creation can be challenging, in most cases getting legal counsel is advised to ensure it will be legally enforceable should you require that. Essentially you need basic terms which should be abided by, and an agreement on what product or service is to be provided, to whom, by whom, and what will be tendered with specific terms (such as deadlines, or how the delivery will be completed). For more tips, read our beginners guide to contract writing.
What is the difference between a contract and an agreement?
An agreement is any understanding or arrangement reached between two or more parties. A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law, according to Diffen.com.
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