Roof Subcontractor Agreement: Fill & Download for Free

I am not proud of the decision I made and it definitely changed my life. And unlike many of these stories with a happy ending, my decision was not for the better. It’s a long story though, taking place over many years after the split-second decision. Perhaps some readers will find it valuable.When I was laid off from my corporate sales executive position in 2002, I bought a franchise selling tangible marketing products to small businesses. You would recognize the name for sure. I started my location of the company from nothing in 2002. Site location, build out, equipment purchase, P&L responsibility, signage, marketing, training, etc.My wife of 17 years passed away suddenly in 2003. I threw myself into the business. I was having a ball and working hard. Which kept grieving at bay.It wasn’t until 2004 that the business turned profitable, as I finally got the right team working for me and leased the necessary production equipment.That was also the year I met my dream girlfriend. Life was good. Lots of travel to places I had only dreamed of visiting. Wine clubs, great restaurants, weekends away. Long walks on the beach. She planned everything. I just had to go along. And pay for most of it.In 2005, my mother gave me my inheritance early and I bought a beautiful downtown condo. A tri-level loft with a roof deck. 18 foot ceilings. Skylights. Granite counters. Hardwood floors. City views. New SUV car. New TV. Sonos. Designer furniture. And moved my girl friend in to live with me. Who wanted to take a year off to write a book.She decorated the home handsomely. Could have been in a magazine. And I stupidly put her name on the title. But that wasn’t the split second decision that went bad.In 2007, I was talking to a friend who tipped me off that his company had a big re-branding job to get done in a short period of time. Told me who to call about the job. The timing was perfect. I didn’t have the capacity to take on such a large project, but I knew who did from my attendance at the annual franchisee show.I got the specs from the company, got a bid from the sub-contractor, marked it up and bid the job. And won. $165,000 contract. Fixed. On a handshake. No purchase order, No contract. The largest job ever. I got $80,000 down payment overnight, which went 100% to the vendor. We had only two weeks to complete the job.Well, my sub got the job done with his crew and his equipment. On time. Neither my staff nor myself had any part in the fulfillment of the job.I realized after the job was done that I had underbid the job. By a lot. The freight alone was $7,000, unbudgeted. I didn’t have enough money left to pay the $12,000 in state sales tax or $9,000 in royalty to the franchisor. If I didn’t pay those two items, I would make about $4,000 profit on the $165,000 job. Which by this point I mistakenly viewed as a finder’s fee.I was all alone in my store. And in a split second, I made the worst decision of my entire life.I decided to process the final invoice to the client outside of the Point of Sale system. The system that electronically reported sales on a daily basis to the franchisor. I could create a manual invoice in Photoshop.After all, who would ever know. What was the worst that could ever happen. In the unlikely event I was caught, I could just pay whatever I owed and apologize for my oversight.I never bought ten cents worth of materials for this job. My staff never touched it or even knew much about it. The sub-contractor did all the work off site at the customer’s location. The only proof were two large checks of $80,000+ that were deposited into my business checking account.So I presented the “fake” invoice for payment and was paid quickly by my client. They were very happy with the final product and ecstatic at the low price.It was fall of 2007. I forgot all about it, having learned some valuable lessons about fixed contracts and sub-contractor markups. I never spoke a word to anyone about this job.In January of 2008, the franchisor held their annual franchisee convention and vendor fair. While I have no proof, I have surmised that the vendor that was my subcontractor was an exhibitor at the trade show and bragged to the franchisor about just how well their relationship with the franchisees was working out. And obviously mentioned the $165,000 job they had done for me in 2007.Well, this was all news to the franchisor, since I had never reported the sale.In March of 2008, an employee of the franchisor shows up at my office before opening. He goes right to the POS system and starts copying data. He would not tell me what was going on, but I knew. The following week, an auditor was flown out from NY to spend a few days going over all my books, bank statements, purchase orders, etc.Of course he found nothing, EXCEPT TWO $80,000+ deposits to my corporate business checking account.That led to the franchisors decision to terminate my franchise agreement for failure to report sales and pay royalties on the gross. I tried fighting back with lawyers, trying to get them to arbitrate the dispute as called for in the franchise agreement. I bought some time with restraining orders. I spent $60,000 on lawyers. They spent $90,000. I finally caitulated.They would hear nothing of my remaining a franchisee. I was branded a cheater and I needed to go.It didn’t help that I challenged the CEO on his lack of an Internet strategy and got myself elected to the Franchisee Advisory Board to represent other owners. All the better for the franchisor to make an example of me to the other owners.According to the CEO Larry, not only would I pay the royalties, I would also pay all the costs of the audit, and I was required to sell my business within 90 days. $8,000 penalty for every month after 3 months that I remained in possession.It was 2008. The beginnings of the Bush recession. 400,000 jobs a month were evaporating. There was no work as an employee anywhere. Layoffs were the order of the day. It seemed every company was cutting staff.I found a buyer who was a mid-level executive who had been offered a buyout by his employer. He bought my business. I carried back the note. The 4 employees I hired still work for him. Plus 3 more he hired since. Plus he bought two more locations. Obviously, he is enjoying the success that my business afforded.I never recovered. Still haven’t 8 years later. I bought another business in 2009 but hired the wrong person to do the due diligence. I bought a business represented as profitable that was bleeding cash. December 1sr 2009, I couldn’t make payroll and had to fire everyone and shut down the second business. No income. $10,000 a month living expenses.I had to sell everything. The house, the furniture, the electronics, my bike, vinyl record collection, etc. Gave away my art and books.My mom passed away at age 98 in December 2009. I have no living relatives. I last saw her at the assisted living facility for Thanksgiving 2009. I knew that the following week, I was closing the business. As I was pushing her wheelchair back to her room, she asked me “How is the business going?” I lied and told her that we had just landed a big job (which was true) but left out all the rest. She wondered if we still had our condo. I assured her we did, which was also true, except I knew I would soon have to sell it. Her last words to me were “Somehow, I just don’t believe you.” Two and a half weeks later, she was gone. Thank goodness she didn’t live to see the disaster that followed.My then GF and I decided to move to Europe to wait out the recession. Put the house on the market and found a buyer. It’s worth today about $700,000 more than what I sold it for in a fire sale. Closing was April 6, 2010.We packed up the house to ship but were fighting constantly. We had not been intimate in over three months. Since she was a returning EU citizen, everything we owned that we were keeping went in her shipping container to avoid import taxes. I used sabings topayoff her car loan so “we could have a car in Europe.” Three days after I gave her half the proceeds of the house sale, we had a huge fight at a nice hotel and broke up.She told me the only mistake she made in our 6 year relationship was believing in me. The next day she left alone for NY to help her mother move to Europe too. I spent the night in a cheap motel.I drove my car to the airport a week later in April 2010 and left America with two suitcases, a laptop, and a cell phone. I called the bank and told them where at the airport parking lot I had parked my car so they could repossess it.I met up a few times in Europe with my now separated girlfriend. We lived in the same city. But we were never a couple again. By October of that year, she sent me an e-mail telling me that the separation was now permanent. And then refused all contact. And kept most of the stuff. Even blocked me from LinkedIn. Have had zero contact since. So never got to say goodbye or get any closure.I never felt so alone than I did that day. But I survived, made some new friends, tried to learn the language, and lived as an illegal alien in a European country for two years, living off the proceeds of the house sale, the carryback note, and social security. I returned to America in 2012 when the money was running out.Living in Europe like a native for two years without working was the one good thing that came from such a huge split-second bad decision. For that gift, I am grateful. I now have friends from around the world. Plus a lot of knowledge about owning stuff, and trusting people.I learned my ex was a narcissist with no empathy, incapable of real love. There is no cure for her condition but she has gone on to greater success. She is beautiful, charming, intelligent, stylish, and talented. 14 years my junior. Sadly no one who might be interested in me measures up to the good parts of her. I can’t trust people anymore anyway.I have forgiven my ex, not for her benefit but my own. But I have yet to forgive myself. Working on it.I am 67 now, soon to be 68. Unemployable except as an Uber driver. Will probably retire and move to South America alone next year and try to do the kind of world traveling I should have done at age 20. The cost of living there is very low, the weather is perfect and the natives friendly and welcoming. I will be considered somewhat upper class there due to my income, which in America is a substandard income.Still, happiness is a choice. Nothing, no person, no job, no thing will ever make me happy. Happiness is an inside job and I have had a pretty damn exciting life, which isn’t over yet.

Begin learning architectural design by studying these specific topics first:First, Architectural History - You need to learn and understand what defines architecture as applied to a specific type of building. Houses and skyscrapers have little in common except that they both need a design drawn for them. The architecture of the single-family house is a seriously complex subject that spans centuries and includes Classical, vernacular, and modern design concepts. The architecture of the skyscraper is of contemporary culture and modern design theory covers them more precisely. Even if you want to design in the modern aesthetic, you must understand other architecture to appreciate the context and design theory behind modern architecture.So, learn & understand classical architecture, it’s a fascinating and rich topic, and it is everywhere in Western civilization. It will seem overwhelming at first attempt, but once you know it, it’s like riding a bike, you will never forget it.Also, understand that the vast majority of buildings are not fashioned architecture, that is, they do not have a specific application of architecture to them and are considered vernacular. Often these buildings are plain and have little or no character, but what is key to grasp is that on occasion these types of buildings become architecture because, in groups or regions, a dialect establishes by repeating admirable characteristics that define those structures. For example, the white washed stuccoed buildings with blue tile roofs and blue details define the architecture of the Greek islands. English half-timbered and thatched roof houses commingled with medieval Jacobean architecture to deliver the American Tudor style house. It’s arguable whether a specific example is architecture or not, but it is important to consider everything.Modern architecture first appeared in the very late 19th century, but had spurts and stops in the early 20th century. It now dominates commercial architecture around the planet, however, it has not overtaken residential architecture. While it has become more popular than ever before, many houses are traditional, meaning that they have a closer association to the roots of Classical or developed vernacular architecture than anything else. As well, most other houses are non-descriptive vernacular and regional dialects define most everything else.Second, Design Theory - The term “design” has become nearly meaningless as it applies to anything from designing shoes to computer software. And may I insert here my annoyance with the term “Systems Architect”, that is so incredibly confusing. Do they say, “Systems Doctor”, or “Systems Attorney”, uh, no! Also, “architectural designer” is redundant. Either you are an architect or you are not. Anyway, designing is a creative process that can be intellectualized to beyond comprehension of the lay observer, however, architecture schools primarily focus on theory as opposed to the nuts and bolts of getting a building designed on paper and constructed. While theory is important, it is only about a tenth of what you actually need to know about architectural design. Look for a handful of good books on the topic, read them, grasp the concepts, and move on to reality.As for applying the aesthetics of design to an actual project, the skill needed to accomplish this only comes with practice experience, especially as an apprentice under another more experienced person or people who already know how to design buildings. There is a great deal to learn about architecture and how buildings are assembled to really master the ability to design well. You might be able to draw a few simple houses without much assistance, but most other buildings, and better houses too, need people who are very knowledgable about architectural design in the real world.You don’t necessarily need to work in construction to comprehend how buildings are assembled, but it certainly doesn’t hurt. Most aspiring architects don’t have time to become a construction worker in addition to getting an education and training to become licensed architects. However, it is a good idea to at least hang around buildings under construction when possible and witness how they are actually assembled.Third, Design Process - To learn how to begin designing a building, you must first gather a lot of information. Check out this Quora answer: Steven Randel's answer to How do I make the structure plan of a house? Putting pencil to paper hardly comes first, but once it’s time to begin drawing a whole new set of abilities come into play. Clearly written data that establishes project parameters constrains the first sketch, whether that is a flow chart to grasp the functions of an airport terminal, or whether it is hierarchal delineation in bubble format loosely sketched to design a small house. The first phase of drawing is loose and conceptual and most architects play around with many concepts before determining which one is desired. In complex projects, the process may involve a team or several teams of designers and consultants, i.e. structural engineers.As things progress, the conceptual sketches are translated into scaled sketches that investigate spatial requirements, relationships, and the resulting forms. Overall forms as well as hierarchy enter the process early. The process goes from composition, to form, to openings, to perforations, to details. Eventually, scaled layouts, and elevations, as well as 3D images start to define the building you have set out to create. The first iteration never meets the ultimate criteria. Tweaks, twists, reassessments, overlooked errors or features get scrutiny next.The process continues through several makeovers until everyone, especially the client, is pleased with the solution.Material knowledge is also key for good architecture students. We live in a world full of product and you can have almost anything you want these days. How to apply material well or not takes skill and becoming well-informed.Fourth, Design Development - Now, you need to become familiar with the purpose of this phase of a project. Buildings must be examined and delineated for position on the site, how zoning ordinances and building codes affect the design, and whether all of the program requirements are sufficiently met for the design that has arisen. Site plans, floor plans, exterior elevations, interior elevations, building sections, door schedules, window schedules, and finish details must be sorted out and put into documents that can be understood and ready by Planning & Building Departments, Contractors, Consultants, Clients, and anyone else who is allowed a chance to review or contribute to the design of the building.Fifth, Design Review - You need to comprehend the approval process for the design of a building. Most buildings in major metropolitan areas of the United States pass through a review process that is administered by the local Planning Department. Keep in mind that, this is CRITICAL, the Planning Department is concerned with enforcing zoning ordinances while the Building Department is primarily concerned with building codes affecting occupant safety, health, and welfare. All areas in the USA, to my knowledge, have both departments. Depending on the type of building and its location, other municipal entities and utility organizations become involved in projects as well. But, you first go through an approval process by the Planning Department before moving your design into the construction document phase.Sixth, Construction Documents - From the Design Development phase, you have a set of documents which you now build upon to finalize a set of drawings and specifications that are essentially a set of instructions on how to build the design. While simple houses can be built without great detail, more complex buildings demand a refined system of instruction that strives to convey the design intent of the architect, match the budget, and clearly illustrate to contractors and subcontractors what they are suppose to accomplish. Construction Administration handles these issues during construction, but it must be clearly conveyed in the drawings and written documents for it to be enforceable on the job site. This aspect of architectural design is a world unto itself involving serious legal issues that must be assimilated into the whole process and can only be understood with significant knowledge and experience in all of the other processes of getting something built.Seventh, Permitting Processes - Once a set of construction documents is complete, it gets submitted to the local Building Department for review, approval, and issuance of a building permit. Once again, complexity of the project impacts the complexity of this process. The Building Department examines the Documents to check if the architects and engineers included all of the applicable building codes in the design and that the design solution complies with the Building Department’s interpretation of those codes. It is common for the Building Department to require revisions to the documents if they determine that clarification is warranted or if the codes were not met.Eighth, Bidding Phase - Usually during the Building Department’s plan check process, copies of the construction documents and specifications go to different general contractors for bids. Institutional projects that involve government buildings, for example, can have incredibly complex bidding procedures. Houses usually require a simpler process to obtain bids. The architect, in a traditional owner/contractor/architect legal agreement, may assist the owner in selecting the contractor who appears most suitable for the project based a number of criteria including bid amount.Ninth, Construction Administration - Questions and issues always arise during construction and more complex projects can have large budgets for construction administration by architects. Often, details need babysitting, or unforeseen problems impede progress, or, tragically, the drawings and specifications have errors. If you have not heard of E&O insurance, investigate this topic at an appropriate time under a timely circumstance. It’s not likely that you should concern yourself with that early on other than to be aware of dealing with it in the future.The above process is the real world. Having fun designing buildings is limited to a fraction of your time, though enduring the process certainly rewards a sense of accomplishment nicely.Tenth, Celebration -Once the client occupies the completed building, pop a cork on an expensive bottle of champagne and celebrate! That was a hellofa lotta work…

Ask the lawyers for WalMart who got a very nice chunk of change from Tesla within about a week of filing their lawsuit against Tesla.The Verge, “Walmart has agreed to drop a lawsuit against Tesla over a rash of solar panel fires filed in August, according to a new filing with the New York State Supreme Court. The retail giant had claimed that “years of gross negligence” by Tesla — and its solar panel subsidiary, SolarCity — led to fires on the roofs of at least seven of its stores, causing millions of dollars in damage, and resulting in Walmart having the solar panels deactivated.“Walmart and Tesla are pleased to have resolved the issues raised by Walmart concerning the Tesla solar installations at Walmart stores,” the companies said in a joint statement, without elaborating on the specifics of the agreement. “Safety is a top priority for each company and with the concerns being addressed, we both look forward to a safe re-energization of our sustainable energy systems.”WALMART’S ORIGINAL COMPLAINT WAS EXPLOSIVEWalmart’s lawyers had accused SolarCity of adopting “an ill-considered business model that required it to install solar panel systems haphazardly and as quickly as possible in order to turn a profit” in the explosive complaint. They argued SolarCity relied on contractors and subcontractors who were “not been properly hired, trained, and supervised.”The lawyers also alleged in the lawsuit that Tesla did not properly handle Walmart’s complaints about the fires. Just days after the lawsuit was filed, Business Insider uncovered a secret program at Tesla dubbed “Project Titan” that was spun up to quietly fix the defects that led to solar panel fires.However, a settlement appears to have been in the works for a while. In August, Walmart spokesperson Randy Hargrove told The Verge that the companies were “working towards a resolution,” before adding that “if you were to characterize that as a settlement, we wouldn’t dispute it.” Tesla CEO Elon Musk also said in a recent court deposition that he spoke to Walmart’s CEO shortly after the lawsuit was filed, and the two “figured out a resolution.”Also see “Buffalo Billion” or “Buffalo Bust” or “Solar City Buffalo”.