Of course we all want the best for the places we choose to spend our time: from our homes to our favorite vacation destinations. We want them to be comfortable and aesthetically pleasing with as few headaches as possible – whether that be with a leak in the roof or a bill for an unexpectedly high-water bill. The good news is, if you’re reading this, you are likely already part of that process, especially if you’ve visited our Sunflower Pool and Patio website. But there’s one more way that the future life of your indoors and outdoors can benefit from a bit of extra knowledge – and that is by understanding a little bit about how the legal documents which govern the contracts we enter into are generated.
Whether you are a real estate developer, a general contractor, or just someone who needs a little detail on their new shed, the way you go about explaining the project and detailing what each party should be responsible for is through what is a court pleading. In some cases, these documents are relatively simple, but in others they can get quite complicated. And understanding this simple structure, much like knowing how to maintain your new pool, can make all the difference in successfully completing a project.
Pleadings are court documents which outline the basic instruction that govern a project. They are used in business negotiations, new home purchases, and other situations which require an agreement between two or more parties. In general, there are four major types of pleadings and they each serve a different function: complaints, answer, counterclaims, and motions. Complaint pleadings detail a broad overview of a project including the scope, timeline, and pricing. Answer pleadings respond to complaints. Counterclaim pleadings give a response to a complaint also offers an alternative to what was listed in the original document. Finally, motion pleadings refer to a request (motion) to do something like consider a counterclaim.
Why should you as a pool customer or a general contractor care? Well, more specifically, your attention should be drawn to a specific type of pleading: the complaint. In comparison to the paperwork associated with pool maintenance, knowing a little bit about court pleadings can be one way to reduce the chance of “having it come back and bite you,” years later. With so many options available in home improvement and outdoor leisure, it is easy to take what seems like the obvious option without truly thinking it through. Or, when you’re on the other side of a project, not think to ask for clarification on a contract. This is often what leads to confusion on small details or to when one party blames the other for an issue. When you understand the basics of court pleadings, you can better ensure that you’re covering all the bases so that everyone is on the same page.
The old adage about the devil being in the details can be applied to pool construction as much as any other construction project, regardless of size. For example, if you have selected a contractor because of their spacious design template but have offered no feedback on shape, you may find yourself with something that is very different than your envisioned finished product. By paying attention to the details of a complaint pleading, you can avoid any issues such as this. This means understanding what information is important, which is too complicated and also what may seem confusing. In the above example, if you had used the complaint pleading to specify shape preferences, you can avoid a big surprise.
For more information on legal documents and their importance, you can visit Wikipedia.