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Phase 4 · Bid and contract · Step 4.3

Negotiate and sign the GC contract

Fixed-price is what most owners want. Cost-plus only works with a guaranteed maximum price (GMP) cap. On contracts over $300K, an attorney review pays for itself.

Who
Homeowner, General contractor, Attorney
How long
1-2 weeks
Cost
$1,000-$4,000 if attorney-reviewed
You end up with
Signed contract with payment schedule and change-order terms

Contract structures

Fixed-price is the most common and most owner-protective structure. The GC commits to a total price; cost-overrun risk is theirs, subject to change-order terms. For a whole-house remodel, fixed-price is what you want — but with explicit allowances for unknowns inside an old house.

In a fixed-price contract, the GC's markup on subcontractor costs (typically 15–20%) is baked into the lump-sum number, not broken out as a separate line. That's not deceptive — it's the model. The GC commits to the price; the markup covers project management, overhead, warranty, and profit; the risk of subcontractor cost overruns is now their problem, not yours. The question isn't whether the markup exists (it always does) — it's whether the lump-sum is competitive against the other bids.

Cost-plus (GC's actual cost + a percentage markup, typically 10–20%) can work, but only with a guaranteed maximum price (GMP) cap and weekly itemized invoices. Without a cap, all budget risk is on you.

What the contract must include

  • Scope of work in detail (reference the permit-ready set by date and revision number).
  • Payment schedule tied to milestones, not a calendar.
  • Change-order process — written approval required, rate sheet for hourly labor, markup percentage on materials.
  • Schedule — substantial completion date, liquidated damages if applicable.
  • Allowances — cabinets, flooring, fixtures, appliances, with itemized values.
  • Hidden-condition allowances — dollar contingencies for known unknowns inside an old house: rotted sills, additional knob-and-tube remediation, hidden plumbing repairs. Without these, every discovery becomes a change-order fight.
  • Energy compliance scope explicitly called out — what retrofit work (if any) was triggered by the WSEC analysis and is in the bid.
  • Exclusions — explicit list of what's NOT in the bid.
  • Warranty — at minimum 1 year on workmanship; the specific periods and scope should be defined in the contract. Note: WA residential remodel warranty framework comes from standard contractual terms, not a specific warranty statute.
  • Lien waivers — conditional and unconditional, on each progress payment and at completion.
  • Dispute resolution — mediation before arbitration before litigation, in WA.

When to hire an attorney

For contracts over about $300,000 — which is essentially every project in this workflow — an attorney review pays for itself. Two to six hours at $400–$650/hr ($1,000–$4,000 total) catches the change-order terms, hidden-condition allowance language, and lien-waiver schedule that determine how the project handles surprises.

This is informational framing; HomePlan does not provide legal advice.

Where to find a construction-savvy attorney

Three reliable channels:

  1. WSBA Legal Directory. mywsba.org — filter by "Construction Law" practice area.
  2. Your designer or GC's recommendation. Designers and GCs at this scale have usually worked with an attorney on a prior contract review; they know who understands construction vocabulary.
  3. Referral from another professional. A real-estate attorney you've used before can refer to a colleague who handles construction contracts.

What to look for: experience reviewing residential construction contracts at your project's value range; flat-fee or capped-hourly arrangement; willingness to flag change-order language, hidden-condition allowance schedule, and lien-waiver procedure specifically.

Go deeper

Optional reading. Skip if you only need the headline.

Mechanics' lien deadlines and waiver procedure (WA, 90-day window)Three working parts of WA construction-lien procedure: a 90-day filing window, a pre-claim notice rule for subs, and a two-stage waiver schedule that runs alongside payments.

The procedure in three parts

Washington's construction-lien procedure under RCW 60.04 has three working parts:

  1. A 90-day filing window measured from the last day labor or materials were furnished (RCW 60.04.091).
  2. A pre-claim notice that subs and suppliers (not the prime GC) have to deliver early in their work (RCW 60.04.031).
  3. A two-stage waiver schedule — conditional waivers at each progress payment, unconditional final waivers at completion.

Anyone who furnishes labor or materials to an improvement on your property has lien rights under this chapter. Liens are recorded with the King County Recorder and stay on title until released.

The 90-day clock

A claimant has 90 days from the date they last performed labor or supplied materials to record the lien. After 90 days with no recording, the lien right expires (RCW 60.04.091).

Important: title is fully clear 90 days after the last sub leaves the site — usually the landscape, paving, or punch-list crew, not the GC.

Pre-claim notice (RCW 60.04.031)

For most subs and material suppliers (not the GC you contracted with directly), the lien right depends on first delivering a pre-claim notice within 60 days of starting work or supplying materials. Getting one of these during construction is routine — it's a procedural protection, not a dispute. Treat it as a signal to add the sender to the waiver list for upcoming draws.

Exception: persons contracting directly with the owner, laborers, and subcontractors contracting directly with the prime contractor are generally exempt from the notice requirement. The rules for owner-occupied residential repair/remodel have some nuance — the statute sets out specific exceptions.

The lien waiver schedule

Two waivers, two stages:

Waiver type When Who signs What it does
Conditional waiver upon progress payment At each progress payment GC + every sub/supplier on that draw Releases lien rights conditional on the check clearing
Unconditional waiver upon final payment At final payment GC + every sub/supplier who worked the project Releases lien rights absolutely

Both forms are statutory in WA — use the statutory form (as prescribed in RCW 60.04) so it survives challenge.

How to operate the schedule

  1. In the GC contract, require a current sub list with each progress draw.
  2. For each progress draw, the GC delivers signed conditional waivers from every sub/supplier on that draw, plus a signed conditional from the GC for their own scope. Disbursement is conditioned on receipt.
  3. At final payment, switch to unconditional final waivers from every sub and supplier who appeared on any draw, plus unconditional final from the GC. Hold final retainage until all are received.
  4. Then run the 90-day clock anyway. Even with full waivers, monitor the King County Recorder for liens for 90 days from the last on-site work.

Informational framing

This is general information about Washington lien procedure under RCW 60.04. It's not legal advice and doesn't establish an attorney-client relationship. For waiver language specific to your contract or if you receive a recorded lien, you may wish to consult an attorney licensed in WA — verify via the WSBA Legal Directory.

Splitting scope between your GC and trades you hire directly (Separate Contractors, WA)What the standard contract frameworks call 'Separate Contractors,' how each owner-direct trade becomes its own lien claimant under WA law, and what to address in the GC contract before you sign.

What this is

Most Renton whole-house remodels are single-prime: one GC, every trade flows through them, one chain of accountability. The alternative — sometimes called "Separate Contractors" or "multi-prime" — is when you keep the GC for the main scope but contract directly with one or two trades yourself. Appliances, the kitchen finish hardware, post-occupancy landscaping, sometimes a pre-demo abatement firm you already have a relationship with.

This is genuinely tempting on a $300K–$1M project — the markup on a few line items adds up. But it's also where most of the residential-remodel disputes the trade press writes about come from. The standard contract frameworks have a name and a procedure for it.

How the standard contracts handle it

AIA A201-2017 Article 6 (overview) calls them "Separate Contractors" — the owner has the right to award separate contracts, the GC and the Separate Contractors must coordinate, and the GC can claim added cost or time if a Separate Contractor's work damages or delays theirs. ConsensusDocs 200 §3.12 (product page) has equivalent language. The framework exists; that's why the practice is possible. The framework also documents what makes it hard.

The four real costs

  1. Warranty seams. When the owner-sourced dishwasher leaks 18 months in and warps the GC's flooring, the GC will say "not my fixture" and the appliance vendor will say "not my install" — and you pay twice. The canonical write-up of the failure mode is Markup & Profit's Owners Supplying Their Own Materials.
  2. Coordination duty shifts to you. A201 places the coordination duty on whoever is contracting with both parties — which is you. Schedule the appliance delivery wrong and the cabinet install slips a week.
  3. Insurance gap. The owner-sourced trade's commercial general liability policy doesn't automatically name you as additional insured, and the GC's policy almost certainly excludes work it didn't control. Real seam in coverage if something goes wrong with an owner-sourced trade.
  4. Multiple independent lien exposures. This is the WA-specific one, and it's bigger than people think — see the next section.

What WA lien law adds (the unusual part)

Every trade you contract with directly becomes its own "prime contractor" with full lien rights against your property — not a sub-tier claim that flows up through the GC. That's true everywhere. What's specific to WA is the no-notice path.

Under RCW 60.04.031(3)(a), persons who contract directly with the owner-occupier of an existing single-family residence for repair, alteration, or remodel are exempt from the pre-claim notice requirement that applies to subs and suppliers in the GC's chain. Translation: each owner-direct trade can record a lien against your house without ever sending you the "Notice of Right to Claim a Lien" you'd get from a sub working under the GC.

So if you direct-hire four trades, you've created four independent no-notice lien paths instead of the single sub-tier chain a full-GC project produces. The lien waiver schedule from the previous expansion still works — but you now run it four times, once per direct trade, on top of running it through the GC for everyone else.

On the disclosure side: every contractor (each owner-direct trade included) doing residential work of $1,000 or more must give you the statutory disclosure statement before starting under RCW 18.27.114. Subsection (4) is the teeth: a contractor who didn't deliver the disclosure can't bring a lien claim. So one defensive practice is to require the disclosure on every direct trade before any payment — a contractor that skipped it has surrendered the lien path.

What to address in the GC contract before you sign

Most homeowners ask a construction-savvy attorney to review these areas with them — most are in A201 §6 or ConsensusDocs 200 §3.12 if you're using those templates, and have to be added as a custom rider if you're using AIA A105 (which doesn't incorporate A201's Separate Contractors framework at all):

  • Carve-out list. Name the specific scopes you reserve the right to contract separately (appliances, landscape after CofO, etc.). What's not on the list flows through the GC.
  • Coordination duties. Who schedules, who notifies whom, what happens if an owner-sourced trade misses a delivery window.
  • Damage attribution. A201 §6.2.3 gives the GC cost/time relief for Separate Contractor damage; mirror that for owner-direct trade damage to GC work.
  • Insurance. Owner-sourced trades' CGL must name the homeowner as additional insured before they show up.
  • Lien-waiver flow. Each owner-direct trade signs into the same conditional/unconditional waiver schedule the GC uses (see the previous expansion).
  • No-markup acknowledgement. GC isn't responsible for warranty on owner-sourced equipment or installs.

Verify any attorney via the WSBA Legal Directory. Two to four hours of focused review on this section is typical.

When this is worth doing

The honest answer is: when the carve-out is narrow and the savings are real. One or two specific scopes you have an existing relationship with — your usual landscaper, an appliance discount from a builder-supply account — works. Carving out half the trades to "save on markup" turns you into a part-time GC; the failures the trade press documents are mostly from that pattern, not from the narrow case.

If most of your project is owner-direct-contracted, you're not running a Separate Contractors model — you're owner-as-GC, which is a different workflow and requires a different contract structure (and probably a different insurance posture). For a typical Renton whole-house remodel at $300K–$1M, two to three named carve-outs is the realistic limit.

Informational framing

This is general information about how the standard contract frameworks and WA lien law treat owner-direct-contracted trades. It is not legal advice and does not establish an attorney-client relationship. For language specific to your contract, consult an attorney licensed in WA — verify via the WSBA Legal Directory.

Where this information came from