Contractor Heaven: Bringing Out the Best in Your Home Improvement Contractor by Hartwig Lynnette

Author:Hartwig, Lynnette [Hartwig, Lynnette]
Language: eng
Format: epub
Tags: Repair, Arts & Photography, Do-It-Yourself, Reference, Choosing a Contractor, Property Manager, Hobbies & Home, Contracting, Home Improvement & design, Architecture, Crafts, How-to & Home Improvements, Carpentry, Hiring a Contractor, Home Renovation
Publisher: Current Tech
Published: 2014-08-21T21:00:00+00:00

The Law Loves Handwriting

The Law loves handwriting. The law loves it so much that in most states a final Will that is entirely handwritten, and ‘entirely’ is the operative word, doesn’t require witnesses to be valid. It is perfectly legal, supersedes and renders null and void any earlier will generated by a most expensive lawyer with sober witnesses. Also in most states a handwritten will amendment, called a codicil, may amend or modify a section of a typed will.

The Law loves handwriting. When a contract has a printed section saying one thing and a simple handwritten note squished in the margin saying another, it becomes a matter for a judge to decide and nothing less will do, unless … both parties have initialed and dated the little scribbly note. Then it overrules the typed part in any court in the United States. Even if the typed part isn’t crossed out.

By handwritten I mean in your best possible longhand handwriting. Even if you can muster up a crisp drafting hand, don’t use it here. No printing. Connect your letters. If your normal handwriting has few connections, fine, just use your normal handwriting. If your normal handwriting is illegible, make a champion attempt at readable. It’s better if one of the signing parties write it. A note in a different handwriting than one of the contract parties could be risky in court.

It goes without saying that all writing must be in ink. Good practice is to bring a blue, green or purple ink pen with you to the signing to make the additions distinct.

Never write in pencil on a contract. Pencil is a spoiler; erased pencil can have the effect of putting the legality of the whole contract in question. If you make a mistake in pen, cross it out with one single line through it. Obliterating with several scribbles is like erased pencil, risking questionable legality should it go to court. Just one line, a cross-out.

When both parties have initialed and dated the cross-out or handwritten addition, that note becomes THE MOST BINDING thing in the contract. Not equal to the typed text, but higher ranking than the printed sections.

Contracts historically have wide margins for exactly this purpose. It is not irregular to modify contracts with handwriting; it is a long established custom.

Most long contracts call for an initial and date box on the same page as the full signatures on the contract, plus call for initialing and dating each page because there’s a legal assumption that some writing will occur on the contract before signing. Since most people write their initials very differently than they do their full signature, putting a set of initials on the last (signed) page ties the initials to the full signatures.

If doing this by fax, mail or email, generally I’ll make the note, date and initial, then make Date _______ Init ____ fields to remind the other party where to initial and date.

In many states a contract is legally binding with one signature on it.

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