Contract Provisions Can Help Prevent Unwelcome Surprises

RCS Influencer Trent Cotney offers advice for inspection clauses in your contracts. 

I’ve often said that the problem with contracts is that people treat them like wills. They don’t consider reviewing and revising them until it’s too late. So, my advice is to keep your contracts current and have a solid understanding of every word in every provision. 

This strategy is also valid when it comes to inspections. A common complaint I hear from roofing contractors involves additional permitting or inspection charges that are incurred because the owners are not present for the final inspection. While the law on this varies from state to state, you can protect yourself with a clause that reads something like this:   

Customer agrees to be available and provide reasonable access to the roof for all inspections by the permitting authority, manufacturer, or any required inspections. In the event that the Customer is not present or available for the scheduled inspection, Customer agrees to pay any additional charges associated with rescheduling and obtaining the required inspections. 

This clause protects you from owners who may miss an inspection and then request an additional one. It also adds urgency to the inspection process. After all, you won’t be paid until the final inspection takes place, and if the owner has an issue with workmanship or alleged defects, it is better to find out about those issues sooner rather than later.  

In addition to the inspection clause, I recommend you include a simple notice provision that will provide you with adequate notice to inspect and perhaps correct any potential defect in a timely manner. Such a notice provision usually has two parts: (1) it states that the customer is required to provide the roofing contractor with written notice of any claims or defects within a specified period of time, and (2) if the customer fails to provide such notice by that deadline, the clause states that the owner’s ability to seek damages for those claims or defects is waived.  

Both of these provisions will help you manage your customers’ expectations, which can play a role in preventing unexpected fees and complaints. 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Trent Cotney is an advocate for the roofing industry, General Counsel of the National Roofing Contractors Association (NRCA) and several other industry associations. For more information, contact the author at 866.303.5868 or go to www.cotneycl.com.