#contracts
Client contracts, scope of work agreements, and legal documentation for service businesses
California SB 61 caps retention on private construction contracts signed on or after January 1, 2026 at 5% per progress payment and 5% of the contract price in total, down from the 10% industry norm — here is who it covers, the residential and bonding exceptions, and how to rebuild your retainage receivable schedule so the freed-up cash actually reaches your account.
Paying a contractor does not transfer intellectual property. Under U.S. law the creator owns the copyright and the inventor owns the patent rights unless a signed writing says otherwise, and "work made for hire" language covers only nine narrow statutory categories that exclude custom software. This guide covers the seven clauses a contractor IP assignment needs, why "hereby assigns" beats "agrees to assign," and what investors check in diligence.
An estoppel certificate is a tenant-signed statement of rent, term, deposits, options, and defaults that legally blocks the tenant from later contradicting it; an SNDA is the three-party agreement keeping that lease alive through a foreclosure. This guide covers what a buyer should demand in each, the red flags that justify re-pricing a deal, and how confirmed deposits and prepaid rent land on the opening balance sheet.
Steel mill products are up roughly 21 percent and copper products 16–25 percent year over year after the April 2026 Section 232 tariff restructuring set a 50 percent duty on metal-heavy goods. This guide shows contractors how to break out metals as dated line items, tie escalation clauses to a published BLS index with clear thresholds and proof requirements, and run monthly job-cost reviews so price spikes become approved change orders instead of lost margin.
How elevator service companies job-cost full-maintenance and exam-and-lube contracts per unit — booking prepayments as deferred revenue, costing callbacks at a burdened CET mechanic rate of 85 to 100 dollars an hour rather than the 52-dollar wage, carrying truck stock as inventory, and pricing renewals from twelve months of callback history.
A pay-if-paid clause makes the owner's payment a condition precedent and shifts the full risk of owner nonpayment onto the subcontractor, while a pay-when-paid clause only sets timing and still obligates the general contractor. Courts enforce pay-if-paid only when the condition-precedent language is express, and at least eight states (California, Illinois, Massachusetts, New York, North Carolina, South Carolina, Virginia, Wisconsin) void it outright. This guide covers how to tell the clauses apart, what to negotiate before signing, the Miller Act's 90-day notice and one-year suit deadlines, and how to book contingent receivables so your aging report and cash forecast tell the truth.
Monument shops collect deposits months before delivery and carry $25,000 to $90,000 in granite — so deposits must sit as deferred revenue until installation, granite must be costed by specific identification including freight, and retail walk-ins need a completely separate profit center from cemetery wholesale.
The Fair Debt Collection Practices Act covers consumer debt collected by third parties, so it does not govern a business chasing its own overdue B2B invoices — contract law, UCC Article 2, and state unfair-practice statutes do. This guide explains the two FDCPA tests most commercial receivables fail, and gives a five-step recovery sequence from contract clauses and a follow-up cadence through demand letter, small claims or a 15–40% contingency agency, and judgment enforcement.
California's SB 61 caps private-project retention at 5% for contracts signed on or after January 1, 2026, and New York's S5655 voids any retainage clause above 5% on covered private contracts of $150,000+ as of December 19, 2025. Here's what changed, the carve-outs, and how contractors should track retainage receivable in their books.
Under UCC § 2-305, a contract with no agreed price can still bind both parties — courts fill the gap with a "reasonable price at the time for delivery," measured by market rates, course of dealing, and trade usage. Here's how open price terms work, why 2026's tariff-driven cost volatility makes them more common, and how to draft, document, and invoice around them.
New York's DCWP fined production company Splashlight $528,817 for paying fewer than 1 in 5 freelance contracts on time. Here's what the Freelance Isn't Free Act requires — written contracts for work over $800, payment within 30 days, six years of records — and how similar laws in Illinois and California now apply nationwide.
Custom puppets sell for $500–$1,500 yet take 20–100 hours to build, so untracked labor quietly destroys margins. How professional puppet makers should price commissions with the materials + labor + overhead + profit formula, book 50% deposits as deferred revenue instead of income, separate design-licensing from fabrication revenue, and handle post-Wayfair sales tax on interstate theater clients.
