Read about real builders, self builders and others in the trade and find out about the types of projects they've undertaken using HBXL software packages.
Glenn Mellor and ContractsXpert
01/04/2009 17:40:00
FMB Member Glenn Mellor tests out ContractsXpert as part of a review
When you agree to do a job for a customer it’s imperative that what you agree to do and how much it will cost is formally written down in the form of a contract.
But for the already time pressed builder, writing up a contract can and is regarded as being a bit of a chore!
However with consumer organisations encouraging more home owners to be wary of any builder who is unwilling to enter into a contract, those that are prepared to present a document to their customer will stand a greater chance of winning the work not to mention protecting themselves against any possible dispute!
The law assumes that when a building contract is agreed by two parties that there was an intention to create legal relations whether verbally, in writing, or both, unless one of the parties is incompetent (drunk, a minor, mentally ill or suffering a senile age related illness).
As long as the builder and the 2nd party are both competent the contract is legally binding and provides an important reference point should a misunderstanding occur plus framework under which a resolution can be found.
But why have a contract?
For those who have had a customer who won’t pay for the building work or has had a customer make changes during a job and then refused to pay the extra costs, having a signed contract goes a long way to resolving any dispute. And in the current climate, when people are taking longer to pay (or in some cases refuse), having a contract or payment schedule couldn’t be more important.
The Federation of Master Builders (FMB) believes that disputes occur because of a simple lack of understanding as to what was agreed in the original quotation.
So by providing a clear definition of the work to be done in a Plain English building contract before they start, builders can avoid misunderstandings on site. They can then progress a job, safe in the knowledge that no-one is in doubt about the work covered, its value, obligations, payment timings, defects, warranties, dispute resolution and more.
Contract Software
Fortunately, builders who still decline to enter into a formal contract using the excuse that it takes too long or have ‘got by in the past’ can take advantage of a new software programme that does all the work for them.
Called ContractsXpert the new software has been developed by HBXL in collaboration with the FMB and will make sure builders - and customers - know exactly where they stand legally.
Installation
This is straight forward and very easy. The software comes in a nicely branded case and once the disk is inserted into your computer the on-screen prompts guide you through the set up quickly and easily with the minimum of fuss.
The product security and registration are not only reassuring but also easy to do and before you know it you’re up and running.
Getting Started
When you buy and purchase any new software the fear is that you will have to spend an inordinate amount of time ploughing through the guide on how to use it properly.
Fortunately, ContractsXpert is not like many software products on the market and makes the user feel comfortable right from the beginning.
It stands to reason that having developed arguably the easiest and quickest estimating software available it’s what you’d expect from HBXL.
Once the software is installed the first thing to do is to create a new contract with three simple options to choose from. These include creating a new contract, importing project details from EstimatorXpress or copying and amending an existing contract.
To make things easy the software has four basic FMB contract types which the user chooses by using the on-screen wizards. These include a Plain English Domestic Building Contract for Minor Building Work (up to £50K); Plain English Domestic Building Contract (Scotland) for Minor Building Work (up to £250K); Plain English Domestic Building Contract (up to £500K); Plain English Commercial & Industrial Building Contract (up to £500K).
Once selected, you then enter the project details quickly and easily into the specified fields, answering a few simple questions.
Then, once all details have been inputted, you review and print the contract. It may be more than one page - but each page is easy to follow.
It may seem that, for such an important document, the process is far too simple, but what HBXL has done in conjunction with the FMB is provide the legal basis for safe guarding the operation of the builder.
Ease of Use
When you follow the guidance notes, which also explains the legal terminology, to create a contract, you really begin to see what you get with this package. It only takes a couple of minutes to define the job specification and produce the contract using the wizards.
The wizards are one of the best features of the software. They enable the user to enter data into the engine of the application and break the process down into easy logical steps. They also provide good visuals making data entry easy and logical.
Performance & Speed
Like any other software, the more you use something the easier it gets. However with ContractsXpert, the learning curve is very short. It means users can produce contracts very quickly saving time that would otherwise be spent sorting out the paperwork.
It therefore frees up the builder to concentrate on the job in hand safe in the knowledge that they are covered by a legitimate contract.
Practicality
ContractsXpert is well developed piece of software. It can be used in conjunction with HBXL’s EstimatorXpress or as a stand alone piece of software.
Any builder looking to protect themselves with a formal contract will be able to use this new software and makes sure all parties know where they stand.
The contracts outline a clear definition of what work is to be undertaken, how much it will cost and key dates.
The FMB has produced an excellent set of template building contracts which HBXL has transformed into electronic versions. This utilises HBXL’s software expertise and the FMB’s legal knowledge.
It’s fast and reassuringly backed by the fact that the contracts it produces are based on FMB Plain English contracts. Builders should therefore be far more confident in producing contracts when they quote for some work.
Glenn Mellor, builder and FMB member agrees that ContractsXpert is a very easy piece of software to use.
He said: “The software was very simple and straight forward to use. Also because the contracts it produces are authored by the FMB adds a real sense of reassurance not only for the builder but also for the customer. It leaves no one in doubt about the work it covers, it value, payment timings and obligations.”
The fact that all the contracts come from the FMB means that builders and customers can progress with a job safe in the knowledge that the terms they are working to have come from the country’s leading trade association.
Also, all the FMB contracts produced by ContractsXpert have the Crystal Mark seal of approval adding to the clarity of the wording which will again help with understanding the terms and conditions.