Construction
Finance Management
Once the contractor starts your home improvement, the
construction costs and payments can quickly get confusing. As the homeowner,
you are busy enough just watching the demolition and improvements take place, and
making adjustments as necessary. Despite you and the contractor meticulously
negotiating the contract, formalities easily deteriorate for change orders.
The first and most important safeguard is to budget and
pay for your own accounting as the job progresses. This should be done before
each payment to the contractor by you or your lender. The accounting complexity
is enormous if time slips by after payments are made, and the contractor is
less than motivated to take the time to review records for overpayments.
Credits may be due to the homeowner for different
reasons. First, the contract may allow a credit if the cost of certain items is
less than the contract allowances. Also, the homeowner may have had to pay
third parties for work included in the contract price. Third, the homeowner
should get a credit for contract items that the contractor did not do.
Obtain the services of a person (“Construction Finance
Manager” or “CFM”) not a party to the contract to oversee all aspects of the
construction contract. That person can ensure no work or materials for a change
order are started or delivered without an itemized change order showing
itemized prices, deadline for completion, and the change order is signed by
both the contractor and homeowner. The CFM should monitor all contract
deadlines, work completed, contract price as increased or decreased by change
orders, payments already made, and advise the homeowner whether or not to approve
the draw request of the contractor.
Michael S. Price, Esq.,
Florida Supreme Court Certified Circuit Civil Mediator, 1616 Jork Rd., Ste. 302,
Jacksonville, FL 32207; telephone (904) 396-4445; e-mail mprice@pricerealestate.land. Michael S. Price
focuses on disputes related to real estate, contracts, construction, leasing,
foreclosure, property defects, binder deposits, probate, family owned property,
and business entities (partners, shareholders, and members).
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