Wisconsin Builders Association
“This contract and a number of other forms we have planned will help set industry standards that govern the relationship between builders and owners” said attorney Robert Procter from Axley Brynelson. Procter and other attorneys with collectively over 100 years of experience scrutinized the contract throughout its entire development. Content was formulated directly from the input of builders and members of the WBA Local Officers Council.
The contract is a very user-friendly downloadable PDF with interactive fields, so a user will be able to type in the information in specific fields. Each section is distinct and self contained so that an addendum or revision to a specific section will not cause inconsistencies throughout the document. Two versions of the contract are available, a Lump Sum Contract or a Cost Plus Contract.
The contract attempts to allocate the contractual risks to whichever party has the specific knowledge or skill to address the risk, and who is in the best position to bear the risk. It utilizes the Construction Industry Quality Standards of the Wisconsin Builders Association to define the term “construction defect.” Furthermore, the contract provides for the schedule of payments unless a separate escrow agreement exists. The contract requires change orders; however, it does not require that the change orders be in writing. This provision recognizes the fact that oral change orders are a way of life in residential building.
This contract is intended to incorporate and use Wisconsin’s Right to Cure Law as a part of its dispute resolution method. It also includes guidance for proper insurance. “This is a powerful tool for professionals in our field” said Doug Scott, WBA President. “This contract helps protect both the builder and the consumer and deliver to the consumer a new home without ambiguities in the agreement.”
Go to www.wisbuild.com to find out more about how to obtain the WBA Home Construction Contract.
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