Contractor's Plain English Legal Guide
Table of Contents

Introduction | Preview A Chapter | Back Cover | Free Forms

Part One: Startup Legal Problems 5

1. What Do You Need to Start a Construction Business? 7
    Can You Work Out of Your Home? 8
    What Do You Need from the IRS? 10
    What Do You Need from the State? 12
    What Records Should You Keep — and Why? 20

2. Sole Proprietor, Partnership or Corporation? 25
    When Does It Make a Difference? 25
    What Is a Sole Proprietorship? 27
    What Is a Partnership? 30
    What Is a Corporation? 42

Part Two: Construction Contracts 51

3. What Does Every Contract Have to Have? 53
    The Four Requirements for a Contract, 53
    A Contract Starts With an Offer, 55
    A Contract Must Benefit Both Parties, 60
    An Offer Has to Be Accepted, 62
    Consumer Protection Notices, 63
    If the Contract Doesn’t Have Everything, 64

4. Contract Terms: Filling In the Blanks, 67
    Who Are the Parties? 67
    Scope of the Work Clauses, 76
    The Payment Amount, 80
    The Payment Terms, 82
    Work Schedules, 86
    Change Orders, 88
    Indemnity Clauses, 90
    Settling Disputes, 93
    Warranty Clauses, 93
       Consumer Clauses, 94

Part Three: Legal Guidelines for Running a Business 97

5. What If You Hire Someone? 99
    Employee or Independent Contractor? 100
    Taxes and Social Security Payments, 101
    Unlawful Discrimination in Hiring, 102
    Protecting Others from Employee Negligence, 107
    Employee Handbooks, 109
    Affirmative Action Programs, 112

6. What Do You Have to Do for the IRS? 113
    The Self-Employed and the IRS, 113
    Your Employees and the IRS, 121
    What If You’re Audited? 122
    What If You Haven’t Filed Tax Returns? 123

7. How Do You Collect What’s Owed You? 125
    Small Claims Court, 127
    What Is a Construction Lien? 128
    Lien Waivers, 138
    What Is a Stop Notice? 142
    Payment and Performance Bonds, 143

Part Four: Legal Problems on the Job Site 145

8. What Laws Affect the Building Site? 147
    Building Codes, 147
    The Zoning Laws, 151
    The Accessibility Laws, 159
    Other Permits You Must Get, 161

9. How Is Safety Regulated on the Job Site? 163
    OSHA Job Site Safety Requirements, 163
    Employers’ Obligations Under OSHA, 164
    Employees’ Rights Under OSHA, 167
    OSHA Inspections, 170

10. What If Someone Is Injured on the Job Site? 171
      When Your Employee Is Injured, 171
      When a Sub or Sub’s Employee Is Injured, 174
      When an Owner or Visitor Is Injured, 175
      If a Trespasser Is Injured, 177
      If the Contractor Is Sued for Negligence, 177

11. What If You Use Subcontractors Instead of
      Employees? 179
      What Is a Subcontract? 179
      Employee or an Independent Contractor? 181
      If an Independent Is Injured on the Job, 183
      Trouble Between the General and the Owner, 186

12. What Contract Problems Do Subcontractors
      Have? 189
      Between the General and the Customer, 190
      Between the General and Subs, 193
      Solution — The Subcontractor’s Addendum, 201

Part Five: Legal Issues in the Construction
Industry 209

13. What Warranties Affect the Construction
      Industry? 211
      Express Warranties 212
      Implied Warranties 214
      Disclaimer of Warranties 216

14. What Consumer Protection Laws Affect
      Your Business? 221
      State Consumer Protection Laws, 221
      The Federal Consumer Protection Laws, 228

15. What Legal Protection Is Available for a
      Company in Financial Trouble? 235
      Protecting Your Personal Assets, 236
      When Your Business Is in Trouble, 239
      Save Your Business Without Bankruptcy, 240
      Bankruptcy the Only Solution, 241

16. What About Retirement, Disability or Death? 245
      Retirement Plans, 245
      Health and Disability, 248
      Death, 250

17. A Few Last Words About You and
      Your Lawyer, 253
      How to Choose a Lawyer, 253
      When to Call a Lawyer, 253
      When to Call Another Professional, 254
      What to Expect, 257

Glossary, 259

Index, 266

What’s on the CD? 269

Introduction | Preview A Chapter | Back Cover | Free Forms

Paperback, 257 pages

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