We recently repaired a siding job by another contractor that had gone badly wrong after a year. The client had attempted to get them back. However, there was no contract and the proposal had simply said ‘fix loose siding’, which they did at the time. Despite our reputation in the market, we still insist on defining the scope of work property by having a decent contract.
What Constitutes a Decent Contract Under Canada Law
A contract is a legal agreement outlining the responsibilities of the parties involved. While the Canadian Home Builders’ Association agrees a work order is adequate for a simple repair like fixing a dripping tap, a more substantial job such as replacing siding needs a decent contract with specifications, and if necessary a drawing.
A proper contract must detail WHAT will be done, by WHEN, and by WHOM, and include the total cost and the payment schedule. The agreement must be fair to both parties, and expressed in a way a non-technical person understands easily. Always consult a knowledgeable third party, if you do not understand something or are unsure about anything.
We came across a case that is worth remembering. The agreement defined the contractor as Company X or their assigns. This meant the client agreed to anybody doing the work. Instead of receiving the service from an expert, they ended up with an inexperienced sub-contractor they eventually ordered off the premises.
Two days later, they had a robbery from someone who clearly knew the layout of the house. To date, the thieves are still on the run, and Company X is still disclaiming responsibility (although they did finish the job properly after the client threatened them with a lawyer).
Therefore, a decent contract must define who is going to do the job in no uncertain terms, and those people must be acceptable to the client in whose premises they are going to work. However, this is still no guarantee of an exemplary job, which is why having sufficient business insurance is essential.
There Is More to a Successful Job than a Decent Contract
It is relatively easy for a ‘cowboy contractor’ to pull the wool over an inexperienced client’s eyes. Therefore, there is no substitute for an experienced professional with a solid, proven reputation in the marketplace.
Valiant Exteriors is a full service exterior renovation company specializing in siding, soffit, fascia and seamless eavestroughing systems. We invite you to visit our portfolio, and see what we could for you in the way of improving the value of your home.