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Yes, absolutely. Starting work without a signed contract means that your position isn't clear, or even worse it's weak.It also means that the contract is legally enforceable and will be able to support you if you decide to take legal action.
The California statute of limitations for breach of contract and breach of implied warranty is two years for oral agreements and four years for written ones.
Both parties should sign the contract, and both should be bound by the terms and conditions spelled out in the agreement. In general that means the contractor will be obliged to provide specified materials and to perform certain services for you. In turn, you will be required to pay for those goods and that labor.
If you run a small business that hires 1099 contractors, also known as independent contractors, it is vital that you have them sign an independent contractor contract. This is because there is a significant gray area between who is classified as an independent contractor and who is classified as an employee.
In California, the statute of repose is four years for most defects, but 10 years for latent defects (those that aren't observable right away, such as a faulty foundation). In Georgia, the statute of repose is eight years for all claims related to design or construction of the building.
A one year warranty is the minimum you should expect. New York State law requires the buyer have certain warranties when buying a new home. One year's protection against faulty workmanship and defective materials.
Contracts often don't include express references to latent defects, and asset owners and operators can pursue damages when the contractor or builder is deemed or thought to be negligent. In other scenarios, designers and contractors may be liable for latent defects for between 6 and 12 years.
Most contractors do offer some kind of guarantee on their work, because doing so protects their interests as well as your own. While a contractor's warranty can protect you, the homeowner, from having to live with shoddy work, it also protects the contractor from having to return to fix things over and over again.
To obtain a Home Improvement Contractor License, please visit the New York City Department of Consumer Affairs or call (212) 487-4060. If you need to renew, change or update your license, call (212) 487-4104.