- Q.Do we have to use
triplicate forms for contracts and other construction
documents, or can we use laser-printed pages and just
have the clients sign both copies?
A.Gary Ransone
responds: It’s okay to use
laser-printed pages, as long as all parties (not
just the clients) sign. Here’s a signing
procedure that has worked for me: I sign and date
the last page of the contract, then initial the
bottom of each page of the contract and any
"attached" pages ( subcontractor bids, sketches, or
other written materials referenced in the
contract). I then ask the owner do the same. This
eliminates any later confusion over whether or not
the owner received and agreed to all pages of the
contract. You can standardize this process by
including at the bottom of each page a simple box
that says "Initial here," with space for the
required marks. (It’s not necessary to
print this message; you can use an inexpensive,
pre-inked rubber stamp instead.)
I always make two extra copies (printed, not
photocopied) of this original contract and its
attachments. I keep one copy for my files and give
the owner the original and the other copy
— both of which I have initialed on every
page and "wet signed." The owner keeps the extra
copy for his or her records, and returns the
original copy to me after signing it and initialing
each page. To help keep the copies straight, I
stamp the original contract at the top of page one
with a red stamp that reads: "After Reviewing
Please Sign This Copy and Return to
Contractor."
It is better, although not essential, to have a
contract for your files that has been "wet signed"
by the owner, rather than a photocopy of the
agreement and the owner’s signature. Some
contractors are more comfortable sending out an
unsigned contract for the owners to sign first and
return. This is perfectly fine and gives a little
leeway should you wish to make last-minute
revisions and issue a revised contract.
Gary Ransone J.D., is
construction attorney and contractor in Soquel,
Calif., and the author of The
Contractor’s Legal Kit.