A Brief Introduction About the Handyman Contract
Handyman contracts are usually drawn between home or office owners and a handyman, who is a contractor for routine or complex repair work. This work could be on an ongoing basis.
The contract includes all the details such as the names of the parties, the relationship between the parties, the complete description of the services rendered, and payment for the services. If there are any changes in the work order, the same is included in the contract.
The regulatory approvals and licenses that are required for completing the project need to be obtained by the handyman; while it is the duty of the home or office owner to insure the property against any loss or damage, the handyman should also have sufficient liability insurance.
The homeowner needs to be present at the site to provide access to the handyman when the handyman is starting the project. The price of the project would escalate in the event of any unforeseen risks like structural damage or violation of the building code. Pending payment would be made to the handyman after the final inspection of the project, and payment would be withheld if there is any incomplete or substandard work.
Who Takes the Handyman Contract?
A handyman contract agreement is required by a handyman who wants to offer their services relating to repairs of official or personal premises. The other party to the agreement is the home or business owner who requires a licensed handyman for certain routine or one-time repairs.
Before signing the handyman service agreement and accepting the terms offered by the home or business owner, the handyman should study all the clauses of the agreement. The compensation can be negotiated depending on the condition of the site, scope of work, and approvals required.
Purpose of the Handyman Contract – Why Do You Need It?
When your personal or official premises requires major or minor repairs, then the services of a handyman are availed of.
The handyman maintenance contract includes the details regarding the services being provided by the handyman, including changes to the original work order, if any, the compensation payable to the handyman, the quality of the work, and penalties payable if the deadlines are not met.
The responsibility for getting any permits or approvals lies with the handyman. Licenses for carrying out work of such nature should be available to the contractor. This contract is officially binding for both parties.
Contents of the Handyman Contract
A contract for handyman services would ensure that the rights of both parties are protected. It includes the following information:
- The names of the parties to the agreement
- The effective date of the agreement
- Scope of work of the handyman as an attachment including construction material, labor and inspection or permissions
- Licensing, permits, and approvals
- Provision for change of order
- Insurance and loss coverage for both parties
- Details for property access
- Governing law
- Dispute resolution
- Final inspection
- Payment schedule and mode of payment
- Termination clause
- Contingency clause that makes provisions for unforeseen situations, for instance, adding a force majeure clause that removes any liabilities in case of unavoidable occurrences.
How to Draft the Handyman Contract?
A handyman contract template could be a starting point for the preparation of such contracts. While drafting the agreement, the following points need to be considered:
- Eligibility to contract: Both the home or business owner and the contractor should be of legal age, not of unsound mind and not be coerced into signing the contract
- The consideration payable to the contractor: Payment according to the payment schedule and full payment would be made after the final inspection
- Terms of the contract: The deadlines for the contract about time and costs need to be mentioned
- Dispute resolution clause: The mode of dispute resolution, whether arbitration or litigation, sharing of attorney fees and jurisdiction
- Adherence to law: The contract should be prepared according to the laws of the state regarding such contracts
- Termination of contract: The contract can be prematurely terminated after providing sufficient notice
Benefits & Drawbacks of the Handyman Contract
The benefits of the handyman contract are as under:
- Protection of interest: The interests of both the handyman and the homeowner are protected.
- Timely completion: The homeowner is assured that the repairs are done on time, and quality requirements are met.
- Full payment: The handyman will receive the full payment on satisfactory completion of the work order.
- Price escalation: Depending on the condition of the site, provisions for escalation of prices are also possible.
The drawbacks of the handyman contract are given here:
- No legal recourse: Without a written contract, if either the contractor or homeowner does not fulfill their contractual obligations, the injured party cannot take them to court.
- Extra costs: If the contractor quits, then there will be delays and higher costs.
What Happens in Case of Violation?
Both parties should understand the handyman contract sample and try to modify it as required. In case of violation, the following legal remedies are available:
- Money damages: These could be partial or total depending on the extent of the violation. In the case of total violation, the contractor has to reimburse the time and cost overruns
- Restitution: The money spent by the homeowner or time spent by the contractor has to be quantified and returned(1)
- Rescission: If it is found that any fraud was involved, the contract would be canceled
- Specific performance: The contract obligation has to be fulfilled
Both the contractor and homeowner need to incorporate all clauses in a handyman contract to protect their interests. The agreement should have the dispute resolution clause, the payment clause, the scope of services clause, and the termination of the contract clause. The consequences of violation should also be mentioned.