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Re: Contracts

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I don't see why you cannot change them at your own risk. The advantage of the contract language is that is has been (mostly) tested.  I've managed to butcher the short form pretty well, adding my own flavor to some of the payment requirements, and a clause here or there for special circumstances. I've also deleted a great deal of text which has absolutely no bearing or applicability to the jobs I do.  I bought both, but have only ever used the short form.

As far as I am aware, the reproducible text I purchased was sold without restrictions on partial publication. If this is not the case, EJCDC needs to license the text with specific, restrictive language and require a written contract with you to that effect, rather than send you their "goods" in return for payment. The way they do it looks like a sale, and since the very intent is for you to reproduce the work I find it difficult to believe that the restriction mentioned in your course would hold up to much scrutiny. Of course, as they say, IANAL (I am not a lawyer).

Jordan

Christopher Haffner wrote:

I am a one-man shop and am trying to update my standard contract.  I have purchased the EJCDC contracts (these are very good by the way).  I have been told by an attorney (at a recent seminar) that I must use the copyrighted EJCDC contracts unchanged with strikethroughs, addendums and such if I make any revision.  NSPE was very ambiguous when I asked them what I can do with what I purchased.  To make things even more confusing the same attorney indicated that showing strikethroughs is not desired because if there is a problem later, what you took out becomes just as important as what was actually agreed on.  

 

My question is this…..what are all of you doing with contracts on small jobs?  I would love to use the EJCDC document language with all the appropriate credits (footnotes and such) in my own custom proposal/contract but do not feel comfortable doing that given the attorneys advise.  I usually do residential design with the occasional small commercial building so the fees are usually less than $5k.  Keeping things simple (especially on me) is pretty important. 

 

Chris

 

Haffner Consulting Engineering

www.haffnerconsulting.com

Office & Fax:  541-478-3052


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