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Topic: Owner doesn't want permits

User: B W E, Location: New Jersey

Asked on: Saturday, April 30, 2011 at 4:20 pm EDT
Answered on: Tuesday, May 14, 2024 at 4:49 am EDT

Question: So, Im working on creating / modifying a home improvement contract, specifically for california. There is a section pertaining to permits, and it spells out who is responsible for paying for them, pulling them, etc. I have done a million jobs where a permit was required, but the owner didn't want one. Would it be wise to put a signature line in the contract acknowledging the requirement but refusing?

Yes, it would be wise to include a signature line in the contract acknowledging the requirement for permits but allowing the owner to refuse. Here are some reasons why

Legal Protection:

By having the owner sign this line, you are protecting yourself from potential legal liability if the project is completed without a required permit. The signed statement acknowledges that the owner is aware of the permit requirement but has chosen not to obtain one.

Clear Expectations

It establishes clear expectations between you and the owner regarding the responsibility for permits. By refusing a permit, the owner is taking ownership of any consequences that may arise from not having the necessary permits.

Documentation

The signature line serves as written documentation that the owner was informed of the permit requirement and declined to obtain it. This documentation can be useful in the event of any disputes or legal challenges related to the project.

Sample Wording

"The Contractor acknowledges that certain permits may be required for this project. The Owner acknowledges that they are aware of this requirement, but declines to obtain any necessary permits. The Owner assumes all responsibility for any consequences arising from not obtaining the required permits."

Signature Line:
"By signing below, the Owner acknowledges that they have read and understood the above statement and declines to obtain the required permits.Signature: ____________________Date: ___________________"It's important to note that it is still your responsibility as the contractor to advise the owner of the permit requirements and potential consequences of not obtaining them. Having a signed refusal from the owner does not absolve you from your professional obligations. Flag for review

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