Construction Legal Made Easy

TRUST YOUR GUT: Chapter Ten, How a Standards Clause Protects Your Work


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Standards protect you.

Karalynn explains how one missing clause cost a deck builder eighteen thousand dollars, then shows how to use clear, written standards and simple links to industry guidelines so your work is judged fairly instead of by random opinions or nitpicky inspections.

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Key Takeaways

1. Without a written standards clause, your work can be judged by anyone's opinion, which leaves you exposed even when the project is functional and safely built.

2. Defining standards in your contract lets your work be evaluated against specific industry benchmarks or your documented practices instead of a client's shifting expectations.

3. Referencing recognized industry standards, such as trade association guidelines or applicable building codes through a simple URL, keeps the clause powerful but easy to implement.

4. You must read and understand any standards you reference, because once they are in your contract, they become the yardstick a court or arbitrator will use to judge your work.

5. Passing inspection or pulling a permit is not enough, because inspectors assume no liability, so a standards clause is what actually protects you when a dispute reaches arbitration or court.

Timestamped Overview

00:00 Show intro and welcome 00:17 Trust Your Gut series and chapter setup 00:40 Ben's deck project in a remote county 01:05 Neighbor's comment about deeper piers 01:30 Arbitration and how the dispute arose 01:55 How the missing standards clause cost Ben 02:20 Why work gets judged by random opinions 02:43 Definition and purpose of a standards clause 03:10 Painting example and PCA viewing distance 03:45 How standards control expectations in court 04:15 Special issues for remodelers and multiple trades 04:45 Masonry and mortar color variation example 05:05 Keeping the clause simple with links and URLs 05:40 Using national and local codes as your standards 06:15 Importance of reading the standards you reference 07:00 Why permits and inspections do not truly protect you 07:31 Recap of key standards lessons 08:00 Teaser for the next chapter on warranties 08:25 Legal disclaimer and firm contact details

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Construction Legal Made EasyBy Karalynn Cromeens

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