Standardized Contracts

Take advantage of one of the biggest benefits of your CBC / RMC membership! The GHBA standardized contracts are available free to all council members who are current with the required contract seminar attendance.

To find out about council membership or upcoming mandatory contract seminars, email Donna Buenik.

Contracts Disclosure Agreement

To access the contracts, please click “I Agree” below.

The contract forms on this Web site (the “Contracts”) to which you seek access are the property of the Greater Houston Builders Association (GHBA). Each of the contracts have been copyrighted with the United States Copyright office. GHBA hereby grants a non-exclusive license to all members of the Custom Builders Council and members of the Remodelers Council who are in good standing with the GHBA to complete the form by filling in the blanks found within the forms, and then print the contract for the purposes of the member entering into a binding agreement with an existing, specifically identified homeowner or subcontractor, as the case may be.

Printing, copying, downloading or distributing the contracts or any specific provisions therein, for any other purpose (including printing/copying in instances where no prospective homeowner or subcontractor exists) is strictly prohibited. Any unauthorized use of one of the contracts may result in termination of your membership and possible legal action seeking statutory damages. By pressing the “Agree” button below, you represent that you are a GHBA member in good standing and that you will abide by the terms of this license.

Notice regarding formulating Residential Warranties after August 31, 2009

With the Texas Residential Construction Commission Act (the “Act”) expiring on August 31, 2009, Texas residential home builders and remodelers need to take a fresh look at express warranties they will be providing to their customers. No longer is there a statutory imperative for builders to provide and be bound by the warranty and performance standards that were contained in the regulations promulgated by the Texas Residential Construction Commission (“TRCC”).

Residential builders and remodelers are, of course, free to formulate an express warranty that tracks the TRCC’s standards (which became effective for all residential construction contracts executed after June 1, 2005). Those standards can be reprinted (for now) from the TRCC web site, and appended to a construction contract. Indeed, the Texas Association of Builders has prepared a warranty that is intended to carry forward the TRCC’s standards of performance. There also remain a number of private warranty companies whose warranties can also be used, as they have been before, during and after the TRCC came upon the scene.

Residential builders and remodelers may also use construction standards of performance promulgated by the National Association of Home Builders, or they can formulate a warranty of their own. The important factor to keep in mind, however, is that whatever warranty a builder or remodeler decides to use, it should be definitive and comprehensive. Anything less, and the implied warranty of good and workmanlike construction (which had been abolished by the Act) will probably apply. This implied warranty is a subjective standard based on the practices of other successful builders and remodelers who build similar projects in the locale where the standard is to be applied. Unfortunately, this implied standard is one that inspectors, architects, engineers and contractors will often disagree upon, since it is not reduced to writing.

The TRCC’s standards, although somewhat comprehensive, provided: “[I]f an element or component of a home is not described particularly in this chapter, the element or component shall be constructed in accordance with any written agreement or, if there is no agreement, in accordance with usual and customary residential construction practices and the element or component shall perform for the purpose for which it is intended for the period of the applicable warranty. 10 TAC ch. 7, §304.1(a).


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Who Can Access the Contracts?

In order to access the GHBA Contracts, your company must:

  1. Be a GHBA Custom Builders Council or Remodelers Council member in good standing
  2. Attend at least one Contract Seminar per calendar year

Contract seminars are typically held at the annual Product Expo in October and at one additional CBC/RMC meeting in the spring.

DON’T LOSE YOUR ACCESS!
Both the GHBA Remodelers Council and the Custom Builders Council voted to adopt the Texas Association of Builders (TAB) 2017-2019 Texas Residential Construction Contracts Package.

The TAB contracts are free to use for GHBA remodelers and custom builders. This members-only benefit is a fantastic value and can save you thousands of dollars in legal fees.
In order to access this member benefit, you must attend a contract seminar annually. Several sessions are conveniently available at the annual Product EXPO.

THE CONTRACTS
TAB’s contracts package is your blueprint for typical residential construction and remodeling transactions in the State of Texas. In addition to addressing new legislatively mandated notice requirements for homes built near military installations, many additions and improvements have been made to the 2017-2019 package, which include:

  1. Warranty parameters on foreclosures and rental properties;
  2. Clarification of applicable code standards and builder obligations;
  3. Recovery of certain attorney’s fees;
  4. A technology disclaimer for smart homes;
  5. Revisions to the independent contractor agreements; and
  6. Updates to the Express Home Warranty to reflect current building practices.

The end result is that the contracts are more clear and comprehensive than ever.

 

Staff Contact:

Donna Buenik
Donna Buenik
Director of Builder Programs