Does a contract to build a deck need an occupancy clause

code-compliancecontractorsdeck

I am replacing an exterior deck. I've had several contractors out to give quotes, accepted an estimate from one, and am now in the position of signing (or not) a contract for the work. It's a lump sum contract (the job is small, 1-2 days of work) and contains the following language in a section titled Acceptance and Occupancy:

  1. Upon completion, the project shall be inspected by the Owner and the Contractor, and any repairs necessary to comply with the contract
    documents shall be made by the Contractor.
  2. The Owner shall not occupy the property until final payment has been received by the Contractor and a Certificate of Occupancy has
    been obtained.
  3. Occupancy of the project by the Owner in violation of (2) shall constitute unconditional acceptance of the project and a waiver of any
    defects or uncompleted work.

I have several misgivings about this section:

  • "The property" is currently occupied and we will continue to occupy it for the duration of the work, which is entirely exterior.
  • The Contractor is not explicitly obligated by the contract to provide the Certificate of Occupancy to the Owner (it must only "be obtained").
  • The city website under Inspections and Certificates states that "Certificates of Occupancy or Compliance are not issued for Residential structures."

Based on a few other errors in the contract (which I have marked and will send back to the contractor before signing), I suspect this clause is boilerplate from a standard contract they use for larger jobs.

Is this clause typical for small exterior construction like a deck/staircase?

Should I be concerned if the contractor refuses to amend it before signing?

Best Answer

To me it sounds like boilerplate contract talk. Normally, when you get a building permit and there is a final inspection on something and it passes you will then get an occupancy certificate.

Can't say I've ever seen it for a deck, but depending on your municipality or whatever "authority having jurisdiction" requires, maybe you do need a certificate of occupancy before you can use it.

Ask your contractor about it and have them explain it to you. Don't sign something you are not comfortable with or don't understand.

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