Builders Contract - Texas Association of Builders

[swreeder70]

We are in the process of designing a new custom home. We have pretty much settled on a builder and are working to tweak our floorplan and wish list.

Once that is done, we will be close to signing a building contract. We are going to build with a fixed price contract and the builder is using a standard Texas Association of Builders (TAB) Construction Contract.

Two questions.
1. Do we need legal council to review this contract?
2. Any recommendations on a lawyer? (building in Hays county)

[JayB]

I have not ever seen one, but can you review a standard TAB contract online? If after review you have questions, then you may want counsel. If you understand all it says, then you should be good. I know a TREC contract is pretty clear and straight forward but even those leave small gaps.

[junkmanhunter]

Yes, have it reviewed if you are not familiar with those contracts.

Look for clauses about your access to the property while under construction
What he is going to charge you for change orders
Make sure he has a finish date in contract with some form of penalty if he is late
Is he supplying a third party lab and inspector for foundation inspections and concrete pour
What is his warranty before he hands it off to a 3rd party warranty company
How many quality walks do you get to do with him
Put a clause in there to protect you if you need to get out for any reason

Biggest piece of advice is do not close on house until you are 100% satisfied with house and all punch list items are completed

What part of state are you in? Make sure who ever you get to look at contract is familiar with construction.

[Cam-Mac]

You dont NEED counsel to review it. Just read it carefully. That contract is not hard to read. I have done several of them and they are not "one sided" contracts, but a good contract to protect both parties.

Good luck with the new home build!

[Atfulldraw]

1. Yes.
2. Grayson - he doesn't live in Hays, but I heard he has this new thing called email

[HandiKap Bowhunter]

Pm me the builder your using. Ive delt with several in the Wimberley area and can tell you what to watch out for.

[swreeder70]

The contract is straight forward to me, but I don't know what I don't know, hence the question if counsel is needed. For those of you that are curious, standard TAB contract attached.

[Bill M]

If you are unsure of what it says, have an attorney review it. Shouldn't cost that much. Did the builder go through it with you? He should and you can then decide if you have questions. We used them when building and as I recall they are pretty straight forward but we always advised the client if they had questions that made them uneasy, they should consult legal council. Good luck.