Remodeler Contracts
The contract forms on this Web site (the "Contracts") to which you seek access are the property of the Greater Houston Builders Association (GHBA) and/or Paxson & Associates, P.C ("P+A"). Each of the contracts have been copyrighted with the United States Copyright office. GHBA and P+A hereby grant a non-exclusive license to all members of the Custom Builders Council and members of the Remodelors 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,
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 1 of Builders is preparing 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.
1 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).
* The following contracts are available to download.
Residential Remodeling Contract - Major Project over 20K
Residential Remodeling Contract - Limited Project under 20K
Funds Disbursement (Draw) Request
Indemnity Affidavit for Bills Payed
Residential Disclosure Statement