October is the season for haunted houses, scary movies, and things that go bump in the night. But one thing that does not need to be scary is a contract.
Most of us enter contracts more often than we realize. Buying a car, hiring someone to paint your house, replacing a roof, hiring a personal trainer, or agreeing to a landscaping project can all involve contracts. While it is tempting to focus on the price and sign at the bottom, some of the most important terms may be elsewhere in the agreement.
A few extra minutes before signing can help prevent terms from coming back to haunt you later.
If a promise matters, get it in writing.
Imagine a contractor tells you, “We’ll have the job finished in two weeks,” but the written agreement does not include a completion date. Six months later, the project still is not finished.
Or perhaps a landscaping company tells you that if you sign up for regular lawn service, they will include annual tree trimming at no additional charge. You sign the agreement, but the free tree trimming appears nowhere in the contract.
Those conversations may have been completely sincere. People can overpromise, misunderstand what their company provides, or offer something they did not have authority to approve. The contract may also contain an “entire agreement” provision stating that the written terms represent the complete agreement between the parties and replace prior conversations or promises. Statements made outside the contract may still have legal significance, but relying on them can become much more complicated when the signed agreement says something different, says nothing about the promise, or expressly states that only the written terms make up the agreement.
A good practical rule is simple. If a promise matters to your decision, ask to have it included in the agreement before you sign.
Do not ignore the notices and disclosures.
Some transactions come with notices or disclosures required by Washington or federal law. Those extra pages are not necessarily meaningless boilerplate, and the rules can be surprisingly specific.
For example, Washington has special requirements for certain roofing and siding contracts. If a homeowner indicates an intention to finance some or all of the work, the law may provide a three-business-day cancellation period tied to the financing process. The statute even specifically reminds homeowners to make sure the contractor’s promises are in writing before signing.
That does not mean there is a universal “three-day rule” allowing you to cancel any contract after signing. Cancellation rights, required disclosures, and other protections depend on the type of transaction and the circumstances.
Washington law also requires disclosures for certain residential construction projects costing $1,000 or more. One particularly important warning concerns construction liens. Depending on the circumstances, if subcontractors, workers, or suppliers are not paid, a homeowner could potentially face a lien against the property and end up paying twice for the same work.
Pay attention to documents labeled “Notice,” “Disclosure,” “Cancellation,” “Consumer Rights,” or similar headings. They may contain important rights or obligations.
Know what happens if things do not go as planned.
Before signing, look at what happens if either side does not follow through. Pay attention to cancellation, termination, deposits, refunds, warranties, default, and how disputes must be handled. These terms may seem unimportant when everyone is getting along, but they matter when something goes wrong.
Do not let the paperwork become an afterthought.
Be cautious when someone says, “We don’t need a written contract,” or wants to start work while the agreement is still being finalized. A contract does not always have to be signed or even written to create legal obligations. Starting work, making payments, or otherwise performing can make it much harder to sort out later exactly what everyone agreed to.
If circumstances change after an agreement is reached, the parties may also agree to modify it. Important changes should be documented in writing.
Before signing or starting work, slow down, ask questions, and make sure everyone understands the deal. A contract should provide clarity, not leave surprises lurking in the shadows.
Sound Impact Law assists individuals and businesses with contract drafting, negotiation, review, and modification.
This article provides general information about Washington law and is not legal advice. Legal rights and obligations depend on the particular facts and circumstances. This article does not create an attorney-client relationship.
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