Frequently Asked Questions

Our contracts are sensible, legal, and refined -- and they include important state-specific language that other form agreements do not. A sensible contract is fair, simple and just long enough. A legal contract will help you avoid violating consumer protection laws. A refined contract is easy for your customers to read – well-organized sections that flow naturally, with no hidden terms or conditions buried among fine print.  Plus, we provide the outstanding one-on-one support you need to roll out this new way of doing business.

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Good contracts improve cash flow, for example, through (1) a detailed and deliberate payment schedule that allows the construction professional to collect early, often and without delay (within the confines of the law) and (2) contract provisions concerning matters such as change orders, unforeseen conditions, selections and communication that help keep you working efficiently, profitably and without unnecessary expenses or delays that can accumulate and chip away at your profit margin.

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Yes. You should have different contracts for when you are working for a property owner vs. when you are contracting with another construction professional. In both scenarios, we can make sure your contracts:

• Comply with the requirements of the Massachusetts Home Improvement Contractor law, G.L. c. 142A.  Even if your work is exempt from c. 142A, following the requirements of the law in your contracts is a best practice.

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• Have a clear, sensible Change Order clause that protects you (your additional labor and materials expenses) and your customer (gives them the project they want).  

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• Have a payment schedule that is tied to objective project milestones and fully protects you in the event of non-payment.  

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• Protect your customer’s rights. 

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• Give you the time, space and judgment necessary to complete the project as it needs to be completed.   

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No job is too small for a detailed, professional and comprehensive contract. 

Just about any lawyer can prepare a contract for you that will hold up in court. Yet, not many lawyers know the nuts-and-bolts of a construction project well enough for the contract to hold up against the rigorous demands of the project - so you don’t end up in court. We have extensive experience in the legal and construction industries, so you get the best of both worlds.

Yes. You might need different contracts for the different roles you have. Depending on the project, you may be the contractor working for an owner, a contractor hiring a subcontractor, or a subcontractor working for a contractor. These require different contracts. We can help get you the contracts you need for each of these scenarios.

There are good legal and business reasons for separating the proposal document (a.k.a. estimate, bid or quote) from the actual project contract.  This approach also allows you to make a great first impression with your customer, and then have time to verify material and subcontractor prices and work with the customer to further refine the scope of work, all while not being prematurely locked into a legally binding contract.  

No. Builder's Briefcase does not provide legal services, advice, or counsel, such as drafting demand letters, court pleadings or negotiating disputes. We provide law-related services that are general in nature and can be tailored by the professional with specific projects and customers. The firm's founder, John McGowan, is a Massachusetts licensed attorney.

In some instances, yes. For example, the MA state building code (780 CMR 51.00) specifically references the Massachusetts Home Improvement Contractor Law. If your work falls under the domain of that law, which requires a written contract with the homeowner, then the state building code would require a written contract for those projects.

No. These contracts are the domain of lawyers who specialize in labor and employment matters, which can include issues around wage and overtime law compliance, workers compensation, workplace safety, discrimination, and equality of opportunity.

Yes. If you would like additional document review support, then we can provide document review at a rate of $150 per document.