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June 2013

Homes Plus

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HOMES PLUS 10 Create the ultimate 'man cave' SPECIAL TO HOMES PLUS WAUKESHA – Father's Day is the perfect excuse for the man of the house to start a home project that focuses solely on him – the "man cave." Here are some key factors to consider while planning a "man cave" makeover. Focus on a theme First, determine a theme based on your personality and interests. Next, identify one element that is a must-have for your space, like a pool table, bar or a theatersize flat screen, and then build the rest of the room around that object. Make it multifunctional Make the most of the new space by organizing personal items, trophies or memorabilia that have been taking up space in storage. Take advantage of the many attractive and functional options that are available in shelving and wall units to display your most prized possessions. Don't skimp on style Be creative and think outside the box. Every detail counts down to the paint color, wall art, furniture and the flooring. Keep it clutter free, simple and sophisticated no matter what your theme is so that you can lounge in style. CONTRACTOR TIPS Q: Is a general contractor responsible to the owner for the defective work of the general contractor's subcontractors? A: Generally, the owner has a contract with the general contractor to construct the project. If there is a construction defect with the project, then the owner will look to the general contractor regardless of whether the general contractor or the subcontractor did the work. Assuming the work is defective, the general contractor would then have a claim against the subcontractor for the defective work. In other words, if there was a lawsuit, then the owner would sue the general contractor claiming the work is defective. The general contractor would sue the subcontractor, claiming that if there is any defective work that the general contractor must remedy for the owner, then the subcontractor is responsible for the costs of the remedy. There are many variations of contracts that can change how the liability is allocated between the parties. For example, the subcontractors or material suppliers may provide a warranty directly to the owner. In such cases, the general contractor's contract with the owner may exempt work covered by another contractor's warranty from the general contractor's warranty. The point is: Builders need to understand their contracts with the owner and with the subcontractors. Q: Is a general contractor responsible for paying a subcontractor if the owner doesn't pay the general contractor? A: In the typical construction project, the owner will hire a general contractor to construct the project. The general contractor will contract with subcontractors to do portions of the work. In this case, the subcontractor does not have a contractual relationship with the owner. If the subcontractor has completed its work, then the general contractor has a contractual obligation to pay the subcontractor even if the owner never pays the general contractor. Under Wisconsin law, a general contractor's contract with a subcontractor cannot include a provision that states the general contractor will only pay the subcontractor if the owner pays the general contractor. These provisions are often called "paid if paid" provisions. There are situations where a contractor will contract with the owner only for the work that the contractor self-performs (for example, framing and finishing carpentry). The contractor will then assist the owner in a project management role to obtain bids from other contractors to perform the other portions of work such as roofers, siders, plumbers etc. The other contractors will then U p g r a d e Yo u r S h o w e r Pro's Pick® Solar Salt water softener salt upgrades your water and your life. That's because soft water is easier on your skin, laundry and more. Call for convenient delivery or pickup today. Upgrade Your Water • Water Softeners • Iron Filters • Drinking Water Systems 262-547-3866 JUNE 2013 1344 White Rock Ave. Waukesha, WI 53186 www.softwaterinc.com 230290001 232028004 directly contract with the owner. In these cases, the owner and not the contractor will be responsible for payment of the other contractors. However, any contractor that operates under this method should make sure that its contract is very clear so it does not create a prime contractor-subcontractor relationship as to the other contractors and the responsibilities that go along with such a relationship. Q: Can a general contractor delay payment to a subcontractor until such time that the owner pays the general contractor? A: Yes – so long as it is in the contract between the general contractor and the subcontractor. Wisconsin law does not prohibit a contract provision that may delay a payment to a subcontractor until a general contractor receives payment from the owner. These provisions are often called "paid when paid" provisions. However, such a provision needs to be in the contract between the general contractor and the subcontractor or material supplier. This only allows for a delay in payment. As stated above, if the owner does not pay the general contractor, then the general contractor must still pay the subcontractor. (Courtesy of The Wisconsin Builders Association).

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