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Miami-Dade Roofing, Impact Windows & Exterior Renovation Firms: A Legal Playbook for Contracts, Permits, Warranties, and Collections

Who This Guide Is For

• Roofing contractors (re-roofs, repairs, coatings, tile/shingle/metal/flat)
• Impact window and door dealers/installers
• Exterior trades: gutters, soffit/fascia, waterproofing, stucco, siding, solar tie-ins
• Full-service remodelers offering interiors (kitchens, baths, flooring) in addition to exteriors

Executive Checklist (Start Here)

• Separate, attorney-drafted templates for roofing vs. impact windows/doors vs. interior remodeling—don’t rely on a “one-size” home-improvement form.
• Lock down scope by line item (materials, counts, profiles, colors, flashing, underlayments, tie-ins), plus a clear exclusions list.
• Make permitting/AHJ reviews, engineering, and manufacturer specs part of the written scope—build time and cost contingencies for comments and re-inspections.
• Change-order discipline: no extras without a signed CO; price by unit rates or lump sums with a standard markup and payment trigger.
• Progress payments tied to milestones; retainage caps; deposit timing for long-lead windows/doors and custom glass.
• Warranty language that’s real: separate workmanship vs. manufacturer warranties; set conditions (maintenance, ventilation, waterproofing, hurricane prep).
• Collections playbook: interest, late fees, stop-work rights, conditional lien releases, and personal guaranties when appropriate.
• Subcontractor control: written sub agreements, COIs naming you as additional insured (primary & non-contributory), safety and cleanup requirements, and photo documentation standards.
• Insurance & risk transfer: balanced indemnity, waiver of subrogation, and proof of manufacturer-trained install for warranty eligibility.
• Dispute triage: escalation → executive call → mediation in Miami-Dade; venue and Florida law locked into every agreement.

Close the Sale—Without Opening Legal Holes

Proposals That Convert (and Protect)

• Precise materials list: system type, brand, profiles, colors, gauges, fasteners, underlayment, flashing metals, adhesives, sealants, opening sizes, glass specs, energy ratings, hardware, and finishes.
• Weather and access: define staging, driveway protection, lift/crane use, weekend/after-hours limits, and who moves furniture/appliances.
• Hidden conditions: wood rot, fascia/soffit, termite damage, existing moisture intrusion, code upgrades—priced by unit (e.g., per sheet of decking, per LF of fascia) so you’re not “eating” surprises.
• Allowances: use for unknowns (e.g., sheathing replacement) and reconcile with change orders.
• Photos & sign-offs: include pre-job photos and require a pre-install walk-through approving color/finish and opening sizes.

Permitting & Inspections (AHJ Reality)

• Permit responsibility: who pulls, who pays, how long it reasonably takes, what triggers schedule relief.
• AHJ comments = CO: if plan review adds straps, nailing patterns, shims, buck framing, or flashing revisions, it’s a compensable change.
• Failed inspections: outline chargeable re-inspections when caused by site issues outside your control (access blocked, utilities off, other trades).

Payment Structures That Keep Cash Flowing

• Deposits for custom orders: collect material deposits before ordering impact units or specialty metals; make deposits non-refundable after manufacturer release.
• Milestone billing: e.g., 10% contract/engineering, 40% upon material delivery, 30% mid-install, 20% substantial completion (or when windows/doors pass final).
• Retainage caps: set a small holdback (e.g., 5%) tied strictly to punch-list items—not to unrelated parts of the project.
• Card/ACH authorization: get it signed at contract; include late fees, interest, and recovery of attorney’s fees.
• Stop-work rights: after written notice for nonpayment, you may suspend without being liable for delay penalties.

Change Orders Without the Drama

• Triggers: concealed damage, AHJ comments, owner design changes, manufacturer backorders requiring equivalent substitutions.
• Pricing: pre-set unit rates (per sheet, per LF, per opening) or T&M with photos; always include overhead & profit.
• Authorization: e-signature in the field from the named decision-maker; no text-only approvals unless your contract allows it and you capture them to the file.
• Schedule: COs extend time; put the number of additional days on the CO itself.

Warranties That Won’t Burn You

• Workmanship vs. manufacturer: your labor warranty is separate from the manufacturer’s coverage; never promise more than the manufacturer provides.
• Conditions: gutters cleared, sealant maintenance, hurricane prep (e.g., shutters closed), AC/ventilation requirements, moisture management—make these a condition of any leak or fogging claim.
• Exclusions: windborne debris impact, ponding due to structure, existing leaks elsewhere, and water intrusion tied to other trades (stucco/painting/irrigation).
• Claims process: photos, access, and inspection window; your choice of repair method.
• Transferability: if offered, limit to one transfer within X days of sale with admin fee.

Documentation That Wins Inspections, Referrals, and Disputes

• Before/after photos of every slope/opening with close-ups of flashing, fasteners, buck frames, sealant joints, and labeling (for impact glass).
• Daily logs capturing crew counts, weather, deliveries, inspection outcomes, and neighbor issues.
• Manufacturer packets saved to the job folder: NOAs/FL approvals, installation manuals, pressure/water ratings.
• Customer acknowledgments on substantial completion and punch acceptance—don’t rely on a “we’ll email later.”

Subcontractors: Trust, But Paper It

• Written sub contracts with scope exhibits, cleanup requirements, PPE, fall protection, hot-work rules, and photo standards.
• Insurance: additional insured on a primary and non-contributory basis; waiver of subrogation; matching limits to your prime contract.
• Quality & safety: rework at sub’s cost; step-in rights if they miss schedule; drug/alcohol policy on occupied homes.
• Non-solicit: protect your customer list for a defined period.

Collections: Be Firm, Professional, and Fast

• Invoice package: contract + COs + delivery tickets + photos + passed inspection results (or homeowner signatures) = approvals move faster.
• Reminder cadence: friendly reminder at 5 days past due, formal notice at 15, demand at 30, then file or refer per your policy.
• Releases: conditional lien waivers for payments in process; unconditional only after cleared funds.
• Personal guaranties: use for thinly capitalized LLCs or large custom orders.

E-Commerce & Inside Sales (If You Quote Online/By Phone)

• Click-wrap T&Cs with conspicuous acceptance at checkout or e-signature on mobile quotes.
• Lead times: realistic windows for custom impact units; communicate substitutions proactively if manufacturers shift models.
• Curbside deliveries: define risk-of-loss transfer; require photo proof at drop.

Five Costly Pitfalls (and How to Avoid Them)

• Vague scopes: “Re-roof per code” invites disputes. List system, layers, penetrations, drip edges, flashing metals, and decking allowances line-by-line.
• Free extras: train teams that no text = no change; use a one-page CO with e-signature.
• Early releases: never hand over a final unconditional release until the wire clears. Use conditional forms.
• Loose warranty promises: don’t promise “no leaks ever.” Tie coverage to maintenance, weather events, and adjacent-trade conditions.
• Sub exposure: if a sub fails fall protection or leaves debris, you own the claim—paper your safety/cleanup standards and audit them.

Local Context: Why Miami-Dade Details Matter

How Our Firm Helps Roofing & Impact Window Companies

• Draft and negotiate homeowner and GC contracts for roofing and impact windows/doors
• Build change-order and documentation workflows your crews actually use
• Structure deposits, milestone billing, and retainage terms to protect cash flow
• Tighten warranty language and claim procedures aligned with manufacturer specs
• Set up subcontractor agreements, COI/endorsement requirements, and safety provisions
• Preserve lien/bond leverage and prosecute delinquent accounts professionally

Let’s Talk