This post covers the contract for roofing.
Contract for roofing is used by roofers and property owners to lay out the details of roofing work. When a roof needs to be installed, repaired, or changed, this important legal contract protects both parties if it is properly constructed.
In short, a roofing contract is the only best way to build assurance before, during, and after the roofing process.
Here I will cover everything you need to know about the contract for roofing, including
- what is a contract for roofing
- Roofing contract terms and conditions
- Commercial roofing contract
- Residential roofing contract
- the rationale of the contract for roofing
- Contents of contract for roofing
- Free Contract for roofing sample
- etc
let’s get started
Jump to section
What is a contract for roofing?
A roofing contract refers to the mutual binding agreement between a contractor (roofer) and client (house owner ) setting out the terms and conditions of performing the roofing project.
A roofing contract must be thorough and professional, and it must include all of the specifics that have been agreed upon through negotiation between a roofing contractor and a homeowner. Although expert roofers may have complex contracts with a lot of terms and conditions, most of the roofing contracts are fairly simple.
Contract for roofing lays down all of the critical aspects of the roofing project, such as the scope of work, the time frame for completion, the materials to be utilized, as well as the deposit and payment schedule.
It also acts as a legal shield or weapon to the parties in case the project was carried out contrary to the agreement.
The roofing contracts can either be Commercial roofing contracts (for commercial buildings roofing) or Residential roofing contracts (for residential house roofing).
Roofing contract terms and conditions
The terms and conditions for a roofing contract may vary depending on the nature of the work, generally, roofing contract terms and conditions must clearly define the scope of the work to be done, state labor and materials to be used, cover the duration of the work, clarify the deposit and payments schedule, define the duties and responsibilities of both parties and includes provisions for unforeseen circumstances.
The rationale of the contract for roofing
The following are among the reasons why both a contractor and a property owner should insist on a roofing contract before any work begins.
- it defines clearly the scope of the work to be done
- It defines the deadlines
- It lay down the payments rate and schedules
- It enhances parties’ confidence and accountability through warranties and representations
- It defines the duties and responsibilities of both parties
- If a dispute arises, the roofing contract will be used as evidence in court.
I understand that a roofing contract agreement isn’t the ultimate answer to all roofing issues. It is, nonetheless, a crucial document for all parties concerned to establish necessary boundaries and transparency.
Contents of contract for roofing
The following are the contents of the contract for roofing
Title
The first element of the roofing contract is a title.
The title of the contract for roofing must be placed at the top of the document and It should simply state the nature or primary purpose of the contract- a roofing contract, Commercial roofing contract or Residential roofing contract
If you will prefer to use a cover page, the title must also appear on the cover page.
The title must be bolded and capitalized.
for example
Parties
Every roofing contract must include particulars of the contracting parties i.e a roofing contractor and homeowner.
For a roofing contractor, the contract must show the business name and address, license number, insurance information, etc. This information convinces the homeowner about the company’s authenticity.
For the homeowner, the contract must include the homeowner’s name, address, phone number, and email address, as well as the location of the house where the project will be done, in case it is different from the owner’s address.
for example
Parties
This Roofing Agreement (hereinafter referred to as the “Agreement”) is entered into on [date] (the “Effective Date”), by and between [contractor business name], with an address of [mail and physical adress] (hereinafter referred to as the “Contractor”) and [name of the homeowner] with an address of [address and contact details] (hereinafter referred to as the “Homeowner”) (collectively referred to as the “Parties”)
Scope of the work
The scope of work specifies the work that the contractor will perform.
Where necessary the scope of work will include labor and materials required to finish the project.
Check it over with your contractor to make sure the scope of work segment includes all of the necessary materials and labor.
Take the time to double-check that the work outlined fits the manufacturer’s warranty and installation standards, which may include ventilation, low-slope roofs, and ice dam prevention, if applicable.
See the example here.
Duration of work
This segment specifies the time for completing the project.
The length of a project depends on the size of the house, materials used, season, the experience of the contractor, and whether or not the contractor has a backlog of work.
Regardless of these circumstances, the average time from contract signing to job start for a roofing project is two to six weeks.
Make sure the duration included is reasonable to avoid unnecessary delays and inconvenience.
See the example here.
Payments
This segment stipulates the cost of the project, deposit and payment schedule.
The payment schedule and deposit requirements for each contractor may differ.
In most cases, you should anticipate paying a deposit.
The expectation should never be that the upfront payment would cover the total cost of the job.
Furthermore, the total deposit and payments made during the roofing project should never exceed 75% of the entire job cost.
However, it is normal practice to pay an initial deposit when the project is booked, a second payment when the materials are delivered to the residence, and a third payment after the work is completed.
See the example here.
Warranties and representations
This segment contains the promises and the warranty of both parties.
Here the contractor may promise the homeowner that an assertion or condition is true, and he will indemnify the homeowner in the event the assertion or condition is false
for example
The Contractor assures the Customer of using experienced and trained workmen and decent quality material in roofing tasks.
On the other hand, the homeowner may assure the contractor that some facts are true, just to induce him to enter into a contract.
for example
A homeowner agrees to pay the full amount indicated in this contract within 7 days of notification of project completion by contractor
If that representation is false, and the contractor has engaged in a contract based on that representation, he has the right to rescind the contract and sue for damages.
Generally, you must ensure that the representations and warranties given are truthful and correct and that such representations and warranties are carefully examined and stated to avoid any unnecessary future disputes.
You may learn more about wanties and representations here
See the example here.
Assignment clause
This clause stipulates whether a party to a contract is allowed to transfer his rights and duties under this contract to a third party.
In most cases, parties to the roofing contract agree not to assign any of the responsibilities unless both Parties consent in writing.
See the example here.
Force Majure
If an extraordinary circumstance directly prevents one or both parties from performing the contract, this section releases both parties from liability.
A non-performing party may invoke a force majeure provision to excuse non-performance owing to circumstances beyond his control, and not due to the non-performing party’s fault or carelessness.
For example, a contractor may invoke a force majure when he failed to perform the roofing contract due to floods, fire outbreaks, or hurricanes.
Force majeure events, which are usually referred to as “acts of God,” include fires, floods, hurricanes, war, etc.
You may learn more about force majure here
See the example here.
Termination clause
This segment deals with how the contract will come to an end.
It specifies the conditions for terminating the contract, such as the notice that must be given, any payments that must be made, and whether or not deposits are refundable.
If you want to terminate the contract and the roofer has already incurred expenditures, many roofers may include the provision to be paid a predetermined percentage of the overall contract value or the cost of the supplies.
See the example here.
Dispute settlement clause
This clause stipulates how you will handle any dispute that arises from your roofing contract.
It states the methods of settlement and the forum- court, tribunal, arbitrator, etc.
See the example here.
Governing law
This segment stipulates the law over the contract.
The law selected may be the law of the state where the contractor resides, the law of the state where the homeowner resides, or the law of the state where the project will be done.
The governing law will be applied when there is a dispute or when the roofing contractor is silent in specific circumstances.
See the example here.
Signature and date
This segment shows that parties have voluntarily agreed to the agreement on the specified date.
lack of signature and date renders your contract unenforceable.
If you are entering a contract with a roofing company, make sure the person who is signing it, is an authorized company representative.
Free Contract for roofing sample
ROOFING CONTRACT
Parties
This Roofing Agreement (hereinafter referred to as the “Agreement”) is entered into on [date] (the “Effective Date”), by and between [contractor business name], with an address of [mail and physical adress] (hereinafter referred to as the “Contractor”) and [name of the homeowner] with an address of [address and contact details] (hereinafter referred to as the “Homeowner”) (collectively referred to as the “Parties”)
Scope of the work
The Contractor agrees to complete the following work.
- To remove………..sqft of old shingles
- To replace any damaged plywood decking with approved plywood roof decking
- To replace roof flashing, including drip edge, pipe vent collars, and valley flashing
- Installation of water/ice protective membrane along eaves
- Installation of 41 black roofs felt on roof decking, up to ……….sqft
- Installation of roofing shingles of homeowner’s choice in accordance with manufacturer’s specifications
- Installation of an approved ridge vent
- Clean-up of the project site and disposal of all project waste
Duration of work
The Parties agree that the date of completing the services by the Contractor will not be later than [six weeks/two months] from the effective date.
Payments
The total work will costs $_____
The homeowner agrees to pay the deposit of 15% at the signing of this agreement.
The parties agree that the homeowner shall pay the remaining balance within 7 days upon the completion of the work.
No payment shall be made until the contractor’s Invoice has been furnished by the contractor and approved by the
Warranties and representations
- The Parties acknowledge and agree that they have full authority to engage in this Agreement.
- The Contractor guarantees the Homeowner that only competent and trained workers will be used, as well as good quality materials.
- The Contractor further guarantees that the work will be completed in accordance with industry standards.
- The Contractor guarantees that the Services enumerated in this Agreement will be completed in accordance with the Customer’s needs and specifications.
- Before incurring any further costs to finish the work, the Contractor shall obtain written agreement from the Homeowner.
- A homeowner agrees to pay the full amount indicated in this contract within 7 days of notification of project completion by the contractor
Assignment
The Parties agree that no part of this Agreement’s responsibilities may be assigned to a third party unless both parties agree in writing.
Force Majure
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, the act of war or terrorism, riot, labor condition, governmental action,) that was beyond the party’s reasonable control.
Termination
This Agreement may be terminated at any time by the written agreement of the Parties.
If the homeowner wants to terminate the contract and the contractor has already incurred expenditures, A homeowner will 5% of the overall contract value and all the cost of the supplies.
If the contractor wishes to terminate the contract before completing the work he will refund the homeowner the deposit.
Dispute settlement
Any disputes related to this contract shall be resolved through a neutral arbitrator, and the findings of the neutral arbitrator shall be considered final and unappealable.
Governing law
This Agreement shall be governed by and construed in accordance with the laws of ______________.
Signature And Date
The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:
Contractor
Name: ______________________
Signature: ___________________
Date: _______________________
Homeowner
Name: ______________________
Signature: ___________________
Date: _______________________
Conclusion
Generally, a contract roofing/ roofing contract is a legally binding document that set out the terms and conditions of the roofing project.
There are two types of contracts for roofing; Commercial roofing contracts and Residential roofing contracts.
Contract for roofing must contain s all necessary components to be effective.
See also: Sample Contract for service
