Project Planning - Contract Formalization

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  • Tuesday, 24 March 2015

Contract Formalization:  Draft & sign all approriate documents.

  • Mutual Contract of Agreement:  "The Main Contract".
    • Front of Contract; relevant information identifying:
      • The parties entering the mutual contract of agreement, contact information etc.
      • Description of the civil and legal address of the homeowner(s) & building site.
      • List of supporting documents to be included and bound within the terms and conditions of the main contract.
      • Detailed specifications on the pool and/or spa to be built and associated contingent options.  
      • Detailed listing of all included equipment.
      • Detailed specific notes regarding any of the contents.
      • Total contract price & payment schedule noting the amounts due and at which stage of contract progression.
      • Signature lines accepting the entire contents of the mutual contract of agreement, front page and the reverse side back page.
    • Back (Reverse) side of contract; detailed information noting:
      • General conditions of the agreement.
      • Standard legal warranty.
      • Default.
  • Associated Addendum(s):  Support to "The Main Contract".  Labelled addendum(s) that include more detailed information as expanded from the main contract.
    • General Structure;
      • Listing of items as included within the base package.
      • Listing of all optional equipment upgraded from the base package
      • Listing of "category specific" items.
        • Amounts not extended to total (items to remain optional to homeowner and/or as rough estimates for items required from third parties).
        • Amounts extended into total (items as part of scope of work included).
      • Various notes including but not limited to:
        • Disclaimers.
        • Extra fees for goods & services contingent to the included scope of work.
        • Quantification method of pro-rata billed items.
        • Homeowner responsibilities.
        • Payment schedule overview.
  • Relevant Document Notation.
    • Lot Plan (Plot Plan), Survey Plan, Site Plan: Are genererally produced by a licensed land surveyor and stamped & signed with their professional designation, date & firm name.
      • Lot Plan (Plot Plan); is a drawing or a map of a property that outlines its boundaries and physical dimensions, set back distances of the house (intended and/or "as built"), sheds, fences, and other structures on the property as well as any improvements and easements made on the property.  These drawings are essential as they provide a standard for determining what part of a particular piece of land is your property and what is not.  Beyond defending against encroachments, surveys serve many other legal purposes and are often required when conducting home improvements that expand the house or involve installing permanent structures, such as sheds, in-ground swimming pools and fences.  A plot plan is sometimes a simpler and less accurate version of a survey.
      • Survey Plan; Generally the same as above but more accurate and certified with the authors stamp of professional designation. 
      • Site Plan; Generally the same as above but usually contain the neighbouring properties or the subdivision as originally planned.   
      • Notes: 
        • These drawings may not alway be conclusively relied upon to show all easements from all possible entities, further inquiry may be required by the homeowner to the appropriate sources.  
        • Usually you can find a plot plan or survey in the city/town building department property file.
        • The information noted onto a survey may vary in previous standards to current standards.
          • Older drawings (usually in imperial measure) will often have just dimension measurements.
          • More current drawings (usually in metric measure) will often include dimensions/measurements, bearings, elevations, drainage water courses etc.
    • Grading Plans: 
      • May be part of a survey as noted above or be an independent drawing showing just the grade point elevations of the structures and general lay of the land.  They may be drawn by licensed land surveyor, landscape architect, engineer or other with the required accreditations or they may be drawn by lay persons.  Different municipalities require different standards ranging from no requirements to very accurate and certified.
    • Drainage Plans:  
      • May be part of a survey as noted above or be an independent drawing showing just the grade point elevations and/or contour lines of the general lay of the land.  They may be drawn by licensed land surveyor, landscape architect, engineer or other with the required accreditations or they may be drawn by lay persons.  Different municipalities require different standards ranging from no requirements to very accurate and certified.
    • Overall Landscape Design Plans:  Can range in style, complexity and content.
      • Hand Sketch; Conveys the rough concept, non colour.  Included.
      • Hand Drawing; Usually detailed and colourized.  Rate charge as quoted.
      • CAD drawing (2 Dimensional); Very detailed 2 dimentional (top view) drawing including dimensions and quantifications of items (black & white or colourized).  Rate charge as quoted.
      • CAD drawing (3 Dimensional); Very detailed 3 dimentional (multi view) streaming reality/drawing, including dimensions and quantifications of items (black & white or colourized).  Rate charge as quoted.
    • CAD Pool Specification Drawing:  Usually a multi page document that shows the pool with its overall dimensions (top view, end view and elevation view), interior configuration dimensions, locations for (steps, benches, ledges, spillover spas, lighting, plumbing fittings etc).
    • Acceptance Acknoledgements:  These documents establish the parameters for the terms & conditions that govern the entire contract (main contract, all addendums & supporting documents), the protocol pathways for charges of extras (items not included within the scope of work contracted for) and exclusive ownership of any and all intellectual material & proprietary material, including but not limited to design, marketing rights, processes, concepts and other relevant proprietary material.
      • Extras pricelist and/or notes as contained within the main contract and/or the associated addendums and supporting documents:  The information contained within these documents will be conclusively relied upon as the sole instrament in determining the billing amounts for any & all extras ordered by the homeowner et al.   
      • Terms & conditions of the agreement:  The information contained within the main contract and/or the associated addendums and supporting documents will be conclusively relied upon as the sole instrament in determining the terms and conditions that govern the mutual contract of agreement, without superceding the laws of the land.
      • Intellectual property & design rights reserved: The information contained within the main contract and/or the associated addendums, supporting documents and exclusive disclaimer will be conclusively relied upon as the sole instrament in determining ownership and exclusive ownership of any and all intellectual material & proprietary material, including but not limited to design, marketing rights, processes, concepts and other relevant proprietary material.  The contractor reserves the exclusive ownership of same. .  Any breach thereof is subject to penalties as provided by the agreement and/or actions as provided by law. 
    • Establish protocol for "change in work ordered".
      • Homeowner must inform contractor by way of verbal and written notice as soon as possible regarding any changes in work ordered.
      • Homeowner acknowledges that costs, timetables, schedules and trickle down effects thereof, can be affected by the requested change.
      • Contractor reserves the right to draft appropriate documents and obtain written confirmation from the homeowner acknowleding the requested changes in work, specifications, costs and potential change in schedule.   
  • General Information:  Pathway of information from initial inquiry.
    • Initial inquiry;
      • Discussions through email and/or over telephone to gather general information to establish:
        • Approval; fulfilment of requirements for key to access locked portions of web site.
        • Set up an onsite appointment;
          • Assess proposed property/specific site.
          • Present a detailed promotional package which includes;
            • Proprietary brochures.
            • Manufacturer brochures.
            • Portfolio pictures.
            • Base Specification Sheet.
            • Detailed quote sheet/price list.
            • Client references.
    • Follow Up;
      • Sequestering of contents of detailed quote sheet/price list into an "Advanced Quotation".
        • This provides an itemized clean list of desired inclusions stripped of all non essential information.
        • Provides the format that will evolve into the "Addendum A" main contract support document.
      • Forwarding requested information as required by link or other.
    • Review;
      • Refining of the "Advanced Quotation" (numbered subsequent versions) to reflect the changes included in the evolution of the project to be specified & quoted.
      • Providing further information on product and procedure.
    • Contract Formalization;
      • Convert 'Advanced Quotation" into "Addendum A" document.
      • Sequester all relevant documents.
      • Sign & acknowledge all required documents.