and equitable to both parties. Remember, if the fine print is going to be used to confuse and give the contractor an unfair advantage, judges and lawyers will surely find such deceptions. Use it to cover your back side but use it honestly. Every construction contract needs a provision to cover asbestos and hazardous materials. It should state that if a contractor discovers such materials the project stops until qualified removal experts come in and this is not included in the contract price. There should be an explanation of the contractor's rights and responsibilities and limited warranty provisions. Items not the responsibility of the contractor include any current code violations found, any delays for permits, weather, etc. The owner's responsibilities should also be defined. Those deal with utilities, access to the property, financing, insurance, damages or destruction, personal property, agreement to record a notice of completion, boundary lines, easements and any required engineering or geology. There should be a clause on drawings and specifications covering items excluded, measurements, debris removal, floor coverings, extra work, standards for specifications and corrective work. Law dictates the wording of a "Notice to Owner" which explains the Mechanic's Lien law. This notice can be included in the fine print or the contractor can choose to give the customer a separate form. A wise provision to include would be one that deals with disputes. If an arbitration clause is included certain legal wording is required and it must be initialed by the customer to activate the arbitration requirement.

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