I'm looking to have a few pieces of heavy equipment painted and the local guy doesn't have a contract for me to sign to lay out the scope of work or the amount of liability he'll be carrying for the job. He said he could put it in the proposal for me and just add a signature line but I was looking for something a little more defensible. Any options out there? Does anybody have a heavy equipment painting contract template that they use?
Yair . . . Beats me mate, never heard of such a thing. It should be no big deal, we used to do half million plus blast/paint and refit jobs on hundred foot prawn boats with just a 'scope of work' list. If any hassels arose they were covered by our insurance or reputation. I mean where does it end? It's just an industrial paint job . . . apart from cabs and bonnet. You'll be wanting it as cheap as you can get it and I would be pricing it accordingly. I'm not going to gaurantee a perfect finish with no runs around awkward places. I will ensure proper steam-clean and 'whip' or 'back to bare' blast as set out in the scope of work. If I figure you are picky I'll have you or your representative check it out before we coat and you can sign off on the paper. Cheers
Welcome to the Forums AtlasShrugged!:drinkup Like your user name, great book. What kind of iron are you having painted? I could see wanting a detailed contract for a D10 or 627 pan but for something smaller like a D3, a scope of work/proposal with a signature would suffice for me. That being said I don't know the contract law in NY or any recourse you would have against shoddy workmanship. In Alabama a verbal contract will hold up in court, albeit it's difficult to defend but a written proposal with a signature can be as hefty as a 20 page lawyer written contract. Tell us a little more about what you are wanting to achieve so we can give better advice.
Aircraft Ground Support Equipment Thanks for the quick responses and sorry for the delay in mine:Banghead The pieces were looking to have painted are LARGE aircraft ground support loading equipment. We are under contract to maintain the equipment from a large player in the industry. -Very Large Loader -It's not our property where it will be painted, overspray is an issue -Because the paint will most likely be hazardous we need wording about how the environmental concerns will be mitigated and that if there is any environmental damage we are released from liability There are many expensive pieces surrounding the area as well as property that is not ours that we are concerned could be potentially damaged. Althought we've been told that there shouldn't be an issue I can't get a sign-off on this to move forward without making the boss happy that our butt is covered. The scope of work is detailed enough to cover the work but doesn't address any of the other issues. I have no doubt the equipment will look like new when it's done, I just need to find something so that I can finally move this forward.
Make up a formal spec sheet with your stipulations and requirements (it should be dated and have a title) and give it to the contractor who is bidding the work. Have him verify and adjust (if necessary) his bid to include your requirements. Have him include "as per (the title and date of the spec sheet) on his contract.
Years ago a buddy of mine who owns a company that buys large lots at auctions showed me an entire canvass/awning set-up, from the sewing machines to the metal benders, you name it. Basically an entire factory. He bought it at an auction where the previous owners' crew was using spray eguipment to repaint the metal frames that support the window awnings on a large condo building before they recovered them in new canvass and the overspray damaged over 100 cars to the point it drove him into bankruptcy. Turned out he wasn't insured enough. You're wise to cover these issues in advance. Making sure adequate insurance coverage on the part of the contractor is in place helps, as well.
@joispoi - We've already hit everything we can think of that might come up as an issue. It's the things I'm not thinking of that concern me. I'm not experienced enough in heavy equipment painting to think of the details that a novice would definitely overlook. I contract for parts and maintenance service all the time and earned my stripes making mistakes and not knowing enough to ask for help and where to find it. Trying to avoid going down that same road again, it's a pain. I don't mind the boss yelling at me, it's the beatings that really get to me. @Shenandoah - Thats exactly it. Thanks for the story, you made a great point about one of my biggest concerns. So does anybody have a template they've already used and wouldn't mind sharing or giving me excerpts of? Thanks all, I appreciate everyone contributing. It's a real good community on this forum.
I think you need the help of a lawyer for drafting a CYA contract that fits your unique needs. Each state has their own rules as to the required elements of a legal contract. It won't help you much if you put everything on paper only to find out it's unenforceable due to a technicality.
Make up a formal spec sheet with your stipulations and requirements (it should be dated and have a title) and give it to the contractor who is bidding the work. Have him verify and adjust (if necessary) his bid to include your requirements. Have him include "as per (the title and date of the spec sheet) on his contract. gud idea easy to carryout joispoi.
Curious, is this a "means and methods" issue? [Rhetorical follow] On one hand, if I tell them what to do and how to do it (prescriptive), then I am responsible. But if I only tell them to what to do (performance), then it is on them. * We like to operate by involving the more detailed category - it seems to me if anything goes wrong (and it often will to some extent), everyone involved is usually on the hot seat. * Maybe could view the task of Obtaining the Coating job in this manner: a) "Paint equipment". or b) Address environmental issues, prepare surfaces for coating, apply coating to equipment. eg Protect work surface Provide containment for spilled liquids Provide and erect spray 'booth' Do this type of prep Use these kinds of paint etc * Most times when I invoke these types of questions, I can separate those that "look the other way" from the ones that "address & do all these things". This applies to procurement agents and project managers that want to consider hiring us, as well as the subs that we hire. * Of course, I certainly don't compare the price of the 'look aways' from the 'do'ers' - not even a comparable measuring point.