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I use mike holts proposal with modifications for my business. Removing previously installed equipment for non payment is done with a courts permission only.
The non compete clause is to stop those clowns who want to hire your workers to do additional work as a side job. And of course at a much cheaper rate. Then if something goes wrong blame you for not "fully and completly" training them especally when the hire a 1 yr apprentice.



[This message has been edited by nesparky (edited 12-14-2004).]

<quote> First is remove of equipment already installed due to lack of payment. It is illegal to do so and I am not sure if you can force the owner to wave his rights.</quote>

While this is true, I have a way around it. General contractors are a big problem here in California, once they get their wiring, they forget to pay. I will remove anything I've installed like sub panel or what ever. I do it when I recognize a "safety hazard" related to the installation. The GC will make the usual inane threats, but they seem to pay right away.

I just read Holt's suggested contract and I see the remove materials installed or not part, but no mention of "by order of the court." The whole idea of liens is to not have buildings being disassembled due to disputes.. isnt it?

Liens can be a way to get the money owed but they have to be enforced. Usually a lien forces the money to be paid when the property is bieng sold.
If the HO. does not pay and does not sell the place the lien may be on record for many years.
For example an 82 year old friend of mine has had a lien on a house since 1956. Still has not been paid for the job he did back then. Lien plus intrest on lien amount are now worth more than the house. Since the nonpaying home owner has recently passed away the court will probably finally rule on this. That is a very long time to try to collect your money.
Contract language needs to have some sort of clause to force a deadbeat to pay or face serious consequences. If it does not you may not be in a position to be able to go to the courts at all with any chance of winning.