all the things you described could be easily addressed in a contract.
not that they're the end-all-be-all, but something on paper is better than the all too common bro handshake/you'll get it when it's done timeline, along with a little hopin' and prayin' that the reality meets the expectations either in the end or along the way.
plus it (a contract) gives both parties adequate framework for redress if things go sideways. like anything, all situations are negotiable. your situation (lost job, undelivered frame but a solution that worked out for everyone) would have been the same with or without a contract, since it sounds like you worked with a good builder.
being devil's advocate, consider: what would the builder have done if, being ethical and solutions-oriented as he seems to be, instead got stiffed if you just walked away and left him hanging?
that's what i meant by protections going both ways.
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Originally Posted by mistermo
And when the contract is broken (by either party), bring in the lawyers? A contract is only as good as either party's willingness to enforce it.
99.99999% of the time, when the framebuilder can't deliver and returns the deposit, the customer is cool with this.
99.99999% of the time, when a deposit it paid, and the customer walks from it, the framebuilder takes it no further.
When seeking a framebuilder, I'll always choose the ethical guy first. If a builder wants to enter into contract negotiations, even a simple one, about a bike frame, then that's a dang good sign that I'm talking to the wrong guy.
A few years ago, I put a deposit on a frame, then lost my job after it was built, but before it was delivered. I decided it was an excess I could do without. The builder found another buyer who was happy to take my place. With a contract, I suppose he could've sued me? As with Steelman, the situation wasn't ideal, but everyone walked away just fine, with no lawyers involved. And when the time comes, I'll be back.
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