bajadave1
Nomad
Posts: 225
Registered: 7-20-2004
Location: Los Barriles, BCS
Member Is Offline
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Building contract?
Hola, we are just getting ready to build a small casa in BCS, and were wondering what to include in the contract with the the builder? Any input
would be appreciated. THX, Dave
[Edited on 1-6-2005 by bajadave1]
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Eli
Super Nomad
Posts: 1471
Registered: 8-26-2003
Location: L.B. Baja Sur
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Mood: Some times Observing, sometimes Oblivious.
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contract DETAILS
Every detail you could ever think of and much, much more. What is to be included in the scope of work and what is NOT also.
When I use to write a contract for VOS, it would include, 14 pages of proposal details, plus general contract, another 7 pages or so, plus detailed
spec's, another 6 to 10 pages, plus a work and payment schedule, another 4 pages, and all which would be in relation to the original proposal, plus
legal plans, all should be addressed in the contract.
By the way, I also always included in my contracts:
There will be change orders, can't build from scracth to finish without someone having yet another great idea on the way, just goes against human
nature.
Expect my daughter is continuing the tradition.
Of course, I can't go into more detail, one thing it would be a conflict of interest with my own company and two, I am retired and besides it would
take a forum unto it's own to go into all you need to know to make sure you are on the same page with your contractor.
Still, I will tell you, if you went with the low ball price going in, it is for sure because things have not been considered, and you will most likly
find out what that is by the time all is completed, figure if your contractor was 25% less than anyone else, you will wind up paying at least another
15% in "oh that wasn't in the bid items", and if your contractor has any luck, he will get that 25% out of you somehow. El barato simpre sali carro.
In the end, have fun, after all you will be spending a small fortune, you should at least have fun in the process of doing so, right!
[Edited on 1-7-2005 by Eli]
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Bruce R Leech
Elite Nomad
Posts: 6796
Registered: 9-20-2004
Location: Ensenada formerly Mulege
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Mood: A lot cooler than Mulege
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git a Layer , a good local one.
one vary important thang is to have in the contract that they pay the insurance and social security. or you are liable for any accidents. all
contractors must do this.
Bruce R Leech
Ensenada
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Bruce R Leech
Elite Nomad
Posts: 6796
Registered: 9-20-2004
Location: Ensenada formerly Mulege
Member Is Offline
Mood: A lot cooler than Mulege
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Mexican law
Mexican law
As many of you know Mexican law is vary confusing to those of us that are from the north. But when you sign a lease or bye a property or sign a
contract of any Kind you must remember one thing. That the law here is enforced by the way it is interoperated by the person presiding over a
conflict. Judges and layers have a lot of latitude for this and will interpret the law in the direction that is to there benefit. For example you can
go to Mexico City and get the best layer that money can get. To draw up a contract for you and come back to Baja, and when you have a problem or
conflict regarding that contract you must go to the local courts and judges to resolve the problem and they may interpret your contract how ever they
feel. As a rule it is better to get a local layer who has local political influence to both write and to defend your contract, but even that is not
perfect. I had a judge write a contract for me and when I had a problem and went to court he was the judge and he though out the contract and said it
wasn?t written properly. Figure that one out?
I have between 40 and 120 active contracts at any one time and I am constantly changing and updating them to work better in the local system . there
is no such thong as an Iron clad contract here in Mexico.
Rember these things.
1 as foreigners we are at a distinct disadvantage.
2 there is no such thing as conflict of interest in the legal system in Mexico
3 Don?t hire a layer or accountant just because they speak English, find a good translator and hire them on there qualities. Ask a lot of people that
work in the system frequently in your aria for references. And the only good reference is how much they win in court. Some of the best are really
Cabrone.
4 You don?t need to be a layer to call your self a layer in Mexico
5 Try to resolve your problems without interring the legal system , you only have a 50/50 chance of wining your case in court and it can get relay
expensive. And the layers always win.
6 10 dollars spent on getting good contract wording will save a 1000.00 in court.
Bruce R Leech
Bruce R Leech
Ensenada
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Eli
Super Nomad
Posts: 1471
Registered: 8-26-2003
Location: L.B. Baja Sur
Member Is Offline
Mood: Some times Observing, sometimes Oblivious.
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I think Point 5
of Bruce's suggestions is the most important. You best trust your contractor, the last thing you would ever want to do in Mexico is sue. Man oh man,
now that would be a bummer, mostly for you, spin your wheels and spend your money and years of not resolving.
I suggest that if one gets into a conflict here, resolve it without a lawyer.
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bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
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No mater what the contract, if in any way possible, you should be on site every day to critique the project as it progresses. Many things that are
"little" can be corrected before they become "giant".
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
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