Emergency Leak Repair

4 months ago

I work for a mostly residential roofing company and we do emergency roof repairs as well as contracted work. For these emergency leak repairs we basically work on a time and materials basis ($150 per hour per man plus materials) not to exceed $1,200 for any given repair. Is there any particular document we should be sending them to get it in writing? We’ve had a few customers who were explained verbally but claimed not to be informed. Keep in mind the scope of work is mostly unknown until we get on the job-site. How can we send a contract when the scope of work is unknown?

Attorney Hunt Ortmann Palffy Nieves Darling & Mah, Inc.
25 reviews

You should be using a Home Improvement Contract that complies with Business And Professions Code section 7159. You could use a Service and Repair Contract instead, but the contract amount must be limited to $750 and you must comply with the requirements of Business And Professions Code section 7159.107159.14. The benefit of a Service and Repair Contract is that it can include an “Estimated Contract Price” not to exceed $750. If you use a home improvement contract, you need to provide an actual contract price and thus cannot technically perform your services on a T&M basis. One way to do it would be to estimate and clearly define your scope of work and to then agree on either a change order or deductive change order if the actual scope of work turns out to be more or less. You might also consider the use of multiple Service and Repair Contracts for different parts of the room etc.

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