Standard contract clauses [RE-wrenches]

Fri Jun 13 07:53:08 PDT 2008

Jeff,
	Great email and I agree completely. Here in NY we are told to some
extent what to put in our contracts by NYSERDA. Although not a contract
issue, I would like to add something I learned recently in small claims
court. The story is long and not important on how this came to be. But after
seventeen years or so of running my own business I had to take a client to
small claims court to collect. This is my first experience in 17 years, so
I'm thinking I've had a pretty good run. On all my invoices' is a late
payment penalty of 2% per month equating to 24% annually on invoice not paid
within 30 days. The Judge informed me that they normally only allow 9%
annually in their rulings. Now whether that is a NY, the county or towns
ruling I don't know and really didn't care since I was requesting payment
only of the original invoice. I didn't pull the 24% annually out of a hat. I
got advice from a lawyer on this back when I first set up my business.
	So Jeff is right, we need to know how to handle contracts and if I
might add, collection issues too. Thanks to all in advance for your time.

Christopher

Please, less government in 2009

Chris Schaefer
Solar and Wind FX Inc.
5115 South Hill Road
Canandaigua(Bristol Center) New York 14424
585.229.2083
Cell 748.1870
chris at solarandwindfx.com
http://www.solarandwindfx.com/
Where Knowledge Equals Power Independence

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-----Original Message-----
From: Jeff Yago [mailto:jryago at netscape.com] 
Sent: 13 June, 2008 09:26
To: RE-wrenches at topica.com
Subject: Re: Standard contract clauses [RE-wrenches]

I am sure over the years we each have developed our own client contract
forms and have added what we thought were good "common sense" clauses and
terms in clear language, with not too much lawyer dribble.

However, it seems to me as more and more states allow grid-tie or rebate
programs, many of us are having to add contract terms that specify system
performance, warranty issues, install damage, and liability. I also am
thinking that as the solar industry, solar equipment, and our installation
practices have become much more standardized since we first started, we
would benefit from advice from others who have run into those types of
contract problems that forced them to add another protection clause that
could keep the rest of us out of the deep woods.

I suggest that as our industry becomes more standardized, perhaps we all can
become more standardized with a good general set of contract terms that
would apply to almost all solar installations. If you ever had to sign one
of those forms for you doctor, car repair shop, or insurance agent, I am
sure most of that language was a collection of experiences of many members
in their trade groups, and not something they wrote totally on their own.
They each would face the same type issues and I think you will find little
difference from firm to firm. Of course, they all had a trade group that was
looking out for them.

As you know, I have been a very vocal critic that there is no solar
organization out there looking out for just the solar installers. The
established solar trade groups seem to be too busy trying to lobby congress
or protect the major equipment manufacturers, and nobody is protecting the
interests of the installer. Until that changes, we will just have to bump
along on our own, and this email is just another example of why this
organization is needed.

How about listing one or two contract clauses you are now using, and if
there was a problem that required you to start using that specific contract
clause. Maybe over time we can come up with our own industry standard
contract that will only require minor changes from state to state.

Thanks to all,

Jeff Yago

_____________________________________________________________
Netscape.  Just the Net You Need.

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