Blog · September 19, 2026
Construction contract checklist before you sign
A construction contract checklist before you sign is a pass over the paper you were handed: is this a bid or a contract, how is the price structured, what is due before work exists, how extras start, and what is silent — allowances, sitework, permits, holdback or retainage. I quote the file. I do not hire anyone for you.
Homeowners search “construction contract checklist” when a number is on the table and the PDF is long. I am a review copilot. I read the record you already have. I do not replace a construction lawyer, and I do not tell you who to hire. The list below is the same shape I use on an upload.
What is a construction contract review looking at?
A review is not a vibe about whether the builder “seems good.” It is a walk of the file against a fixed list: parties, permit, insurance, scope, allowances, price and draws, extra-work power, schedule, warranty, and — if you sent more than one bid — whether the numbers are even comparable. Each finding is a quote from the paper, a limit on what I cannot know, and a question you can send.
If you want that walk on your PDF, the first completed analysis is free. Another look is $9. You see the result before any signup wall.
Is this file a bid, an estimate, or a contract?
A lot of residential jobs start with a document headed Estimate, Proposal, or Bid. A price may have an expiry, and later documents may change it. I look at the header, expiry, signature terms, and attachments. The title alone does not establish which terms the parties agreed to; ask which version governs before relying on a deposit line.
If the later “formal contract” is allowed to rewrite price, allowances, and extras, the bid number was a conversation, not a baseline. Ask: is this the document I would actually sign, or a proposal that can still change?
How is the price structured?
An estimated total with no pricing structure is often cost-plus with no cap. Stipulated sum / fixed price, cost-plus with a guaranteed maximum, cost-plus with no cap, time and materials, and an allowance-heavy hybrid are not the same product. I look for which one is stated, and whether “budget,” “allowance,” and “not to exceed” are mixed as if they meant one thing.
- Fixed price: what is still an allowance, and what is excluded.
- Cost-plus: is there a guaranteed maximum, and what sits inside it.
- Cost-plus with no GMP: that is an open cheque. Ask what happens if costs go over.
- Open books: can you see every invoice that a fee is marked up on.
Parties, permit, and insurance
I look for legal names of owner and contractor, not only a trade name. The entity on a lien or a warranty is the one that matters later. Who pulls the building permit: owner-pulled “to save cost” is a common pattern I flag; I do not accuse anyone of being unlicensed. GL and builders risk: named, with limits, and you as certificate holder. “Fully insured” with no certificate and no limits is empty.
I do not look up a license on a state or provincial site. Presence on the PDF is not verification. The question is: what is the legal entity, who is on the permit, and will they send a certificate before the first payment.
Scope, sitework, and what owners assume is included
“Build per plans” with no plan date is how extras are born. I look for a scope a stranger could understand, or a dated exhibit. Sitework — excavation, grading, haul-away, utilities, driveway, septic or sewer, well — is what the lowest number often omits. Landscaping, walks, permit fees, appliances, window treatments, temporary power: owners hear a number and think finished house. Ask, for each item, whether it is in the price, an allowance, or excluded.
Allowances
Each allowance needs a description, an amount, and whether it is material-only or supplied and installed. A material-only plumbing allowance blows up at selections. Overage billing may include markup. Ask: if I pick a fixture above the allowance, do I pay the difference at cost, or cost plus markup.
If you sent two or three bids, unequal allowance totals are not comparable. I show raw total and allowance-adjusted total. I never pick a winner.
Deposits, draws, holdback, and retainage
Money far ahead of work is the finding owners feel first. I record the deposit as a percent. If it is above about 10%, I mark it unclear; 20–30% or more before permit or mobilization is missing protection — still not an accusation. Ask why this much is due before that work exists on site, and whether it is for non-returnable materials or just a start fee.
Draws tied only to the calendar pay for time. Draws tied to a visible milestone — something you can walk — are a different shape. Retainage (US) and holdback (Canada) are the unpaid tail. I record amount, start, and release. I never assert a named statute. If a Canadian file is silent or waives holdback, that is a lawyer question, not a Nico verdict. More on that pairing: retainage versus holdback.
Who can start extra work?
“Changes as needed” with no written order is a blank. I look for extras in writing, signed by the owner, before extra work starts, and who may issue a change — owner, architect, or contractor as deemed necessary. Verbal site approvals are how running totals disappear. The change-order checker is the later tool, when an invoice shows up after the siding is on.
Schedule and warranty
ASAP is not a schedule. I look for start, substantial completion, and final. “Time is not of the essence,” “best efforts,” and “approximately X months, weather permitting” with no date leave carrying costs on you. Warranty: length, coverage, and whether it starts at substantial or final. A municipal inspector is not your representative. Ask whether you can hire your own inspector at framing, pre-drywall, and final, and whether they will meet that person on site.
What I cannot tell you
- Whether the price matches local market. I have no comps in this product, and I will not say a number is cheap or dear.
- Whether a license number is current. Presence is not a lookup.
- Whether a clause would be rewritten in court. If a paragraph limits what you can recover, that is a construction-lawyer read.
- Who to hire. Lowest number is not a recommendation.
A worked pass on a typical residential PDF
You get a six-page proposal. Page one is a kitchen total. Page two is allowances. Page five is “changes as needed.” There is no plan date. The deposit is 25% “to order materials.” I would still start at the header: is this a bid or a contract. Then price structure. Then whether the 25% is labeled for cabinets that cannot go back, or is a start fee. Then extras. Then holdback or retainage. Then whether sitework and permits are in, allowance, or excluded. That order is the checklist. It is not a score.
If a second PDF arrives from another builder, I do not average the totals. I show supported allowance and exclusion passages side by side and ask about trades missing from a readable bid. I do not turn different allowances into a made-up adjusted price or tell you whom to hire. Send the same scope questions to both builders while the bids are current.
How to run this checklist on your file
- Upload the PDF you were actually handed — bid, estimate, or contract. Up to five bids if you are comparing.
- Read each finding: quote, what I cannot tell, one question.
- Send the questions. Keep the answers with the paper.
- If an extra shows up later, use the change-order checker against this baseline.
Cedar Ridge on the homepage is a fictional interiors estimate. Do not treat those dollar figures as a real job. Your file is the record.
Contract / bid audit
First completed analysis is free. Then $9. Complete result before any signup wall.
Run this checkNico is a review copilot. It supports you and points at things worth a closer look. It does not make decisions, approve work, certify anything, or give legal advice. It is not a contractor, inspector, lawyer, architect, or building official. You decide.