Contract Guide 2026
8 red flags that scream "walk away." 11 clauses your contract must include. And the Texas-specific legal protections every Houston homeowner should know before signing.
Full contractor identification
Legal business name, physical address, phone, email, TDLR license number, and insurance policy number.
Detailed scope of work
Every task itemized. Every material specified by brand, model, color, and quantity. "Or equivalent" should be defined.
Total price and payment schedule
Fixed price or cost-plus structure clearly stated. Each payment tied to a specific, verifiable milestone. Final 10–15% held until punch list completion.
Start and completion dates
Specific calendar dates, not "approximately 6 weeks." Include what happens if deadlines are missed.
Change order procedure
All changes must be in writing, signed by both parties, with pricing clearly stated before work proceeds.
Lien waiver provisions
Contractor agrees to provide partial lien waivers at each payment and a final lien waiver at project completion.
Warranty terms
Workmanship warranty (typically 1 year minimum in Texas). Material warranties from manufacturers. What's covered and what's excluded.
Insurance and bonding
General liability minimum $1M. Workers' compensation. Builder's risk insurance during construction.
Permit responsibility
Who pulls permits? Who pays permit fees? In Texas, the contractor should handle this — it's a red flag if they don't.
Cleanup and site management
Daily cleanup expectations, debris removal, porta-potty if needed, protection of existing finishes and landscaping.
Dispute resolution clause
Mediation first, then binding arbitration or litigation. Venue should be in your county — not the contractor's preferred county.
At Burton Residential Services, our contracts are clear, detailed, and include every clause this guide recommends. See why Montgomery County homeowners have trusted us for 40+ years.
Serving Montgomery, Magnolia, The Woodlands, Conroe, Tomball & all of Greater North Houston