Pub. Date:
Craftsman Book Company
Contractor's Plain-English Legal Guide

Contractor's Plain-English Legal Guide

by Quenda Behler Story


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Product Details

ISBN-13: 9781572181069
Publisher: Craftsman Book Company
Publication date: 02/28/2002
Edition description: BOOK & CD
Pages: 272
Product dimensions: 8.30(w) x 10.80(h) x 0.70(d)

Table of Contents

Part 1Startup Legal Problems5
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 2Construction Contracts51
3.What Does Every Contract Have to Have?53
The Four Requirements for a Contract53
A Contract Starts With an Offer55
A Contract Must Benefit Both Parties60
An Offer Has to Be Accepted62
Consumer Protection Notices63
If the Contract Doesn't Have Everything64
4.Contract Terms: Filling In the Blanks67
Who Are the Parties?67
Scope of the Work Clauses76
The Payment Amount80
The Payment Terms82
Work Schedules86
Change Orders88
Indemnity Clauses90
Settling Disputes93
Warranty Clauses93
Consumer Clauses94
Part 3Legal Guidelines for Running a Business97
5.What If You Hire Someone?99
Employee or Independent Contractor?100
Taxes and Social Security Payments101
Unlawful Discrimination in Hiring102
Protecting Others from Employee Negligence107
Employee Handbooks109
Affirmative Action Programs112
6.What Do You Have to Do for the IRS?113
The Self-Employed and the IRS113
Your Employees and the IRS121
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 Court127
What Is a Construction Lien?128
Lien Waivers138
What Is a Stop Notice?142
Payment and Performance Bonds143
Part 4Legal Problems on the Job Site145
8.What Laws Affect the Building Site?147
Building Codes147
The Zoning Laws151
The Accessibility Laws159
Other Permits You Must Get161
9.How Is Safety Regulated on the Job Site?163
OSHA Job Site Safety Requirements163
Employers' Obligations Under OSHA164
Employees' Rights Under OSHA167
OSHA Inspections170
10.What If Someone Is Injured on the Job Site?171
When Your Employee Is Injured171
When a Sub or Sub's Employee Is Injured174
When an Owner or Visitor Is Injured175
If a Trespasser Is Injured177
If the Contractor Is Sued for Negligence177
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 Job183
Trouble Between the General and the Owner186
12.What Contract Problems Do Subcontractors Have?189
Between the General and the Customer190
Between the General and Subs193
Solution--The Subcontractor's Addendum201
Part 5Legal Issues in the Construction Industry209
13.What Warranties Affect the Construction Industry?211
Express Warranties212
Implied Warranties214
Disclaimer of Warranties216
14.What Consumer Protection Laws Affect Your Business?221
State Consumer Protection Laws221
The Federal Consumer Protection Laws228
15.What Legal Protection Is Available for a Company in Financial Trouble?235
Protecting Your Personal Assets236
When Your Business Is in Trouble239
Save Your Business Without Bankruptcy240
Bankruptcy the Only Solution241
16.What About Retirement, Disability or Death?245
Retirement Plans245
Health and Disability248
17.A Few Last Words About You and Your Lawyer253
How to Choose a Lawyer253
When to Call a Lawyer253
When to Call Another Professional254
What to Expect257
What's on the CD?269

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