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Robert J. Incollingo Articles
December 30, 2010
General Conditions of the Home Improvement Contract: Pets and Children
By Bob Incollingo
It's only common sense: since children and pets can so easily be injured and they can cause injury on any construction worksite, the owner should assume express contractual responsibility for keeping them out of harm's way. Since the New Jersey Home Improvement Practices Regulations require that all terms of a contract over $500.00 be in writing, the homeowners' obligations to keep children and animals out of the work area should be stated in black and white. Such a clause should also serve to raise the consciousness of those concerned. No contract clause will be a bullet-proof excuse for failure to act in an ordinarily reasonable and prudent manner, however, and each grownup on site - whether working or in residence - should keep his or her eyes open for innocents on the loose near hazardous conditions. Here is a specimen "Fluffy" clause:
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8. Pets & Children. Owner will control all children and family pets and keep them (and their toys) away from the work area at all times during and after work hours. Owner agrees that Contractor and subcontractors will not be responsible for any pet or child leaving the home due to doors, windows, gates or other openings in the home being left open due to work in progress. Owner will keep all pet birds and fish in a closed room away from work area to avoid potentially harmful fumes, dust and drafts.
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Current Article
March 16, 2012 - Time Is Running out to Collect Old Debts
July 1, 2011 - Federal Insulation Disclosures for the Home Builder, Remodeler and Supplier
June 1, 2011 - General Conditions of the Home Improvement Contract: Concealed Site Conditions
January 10, 2011 - General Conditions of the Home Improvement Contract: Minor Disputes
December 23, 2010 - General Conditions of the Home Improvement Contract: Subcontractors
December 13, 2010 - General Conditions of the Home Improvement Contract: Permits and Approvals
September 27, 2010 - What to Expect (Legally) from Your Home Inspector
August 28, 2010 - Isn't It Time You Got Paid?
February 1, 2010 - Fabricators Take Note: You Can Be a Secured Creditor with an Artisan's Lien
January 10, 2010 - Paper Placemats, Home Improvement, and Heads in the Sand
December 1, 2009 - Cinching Personal Liability for Consumer Fraud in Construction Cases
August 1, 2009 - Prompt Payment
July 1, 2009 - Extracontractual Claims and Defenses Concerning Bonafide Representatives
September 1, 2008 - The Home Improvement Practices Regulations Apply to the Licensed Trades
November 1, 2007 - Final Invoice Disclosure and Limit on Charges for Pulling a Permit
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