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It sounds like what's really needed are 2 documents - the boilerplate "So you want to buy a guitar from me, how does this whole process work, general pricing structure, expectations, and reality checks" and the "Build sheet" that lists the specifications and agreed upon payment and delivery schedules... Documents such as these are wonderful to help avoid confusion and refresh foggy memories...

"Oh.. I am sure I ordered Madagascar Rosewood bindings..." and then you have this puzzled look and produce the build sheet and reply "Uh, no sir - this build sheet that you signed says you specifically requested Cherry bindings...."

or... "How come my guitar isn't done yet...." "Well sir, because you haven't paid the 2nd progress payment due on such and such date - so I stopped building it and moved to the next fellow in line..." or... "I had to rout off the cherry bindings and end graft to replace them with the Ebony bindings and end graft you decided you wanted - that added another month to sort it all out.."

Stuff like this happens.. The build sheet is an important document that can help to "Protect" both sides - as the buyer has a specific description of what they are waiting for... and the builder has a specific description of what they are building..... And then if any changes are made - the build sheet is updated for the changes to the build, price, and schedule...

Thanks

As I was reading John's post above, I could not help being reminded of the typical home construction process. Pretty similar in a lot of ways.

No offense intended to the attorneys present in the thread but some of you are making this WAY more complicated than it needs to be....

A document that represents the agreement between builder and commissioner that details the following is all you really need:

1) Expectations (broad as this is can be it's key): Define delivery dates, progress payments and due dates, milestones, definitions of success, default terms for either party, and remedies for default. Your statement of the nature of hand-crafted is good too.

2) Dispute resolution: Define how a dispute is resolved between you and the chump (er... I mean buyer... ) and what venue will be used (who's law, UK, Scotland, etc.).

Most of all we are Luthiers not attorneys and we are not expected to be well versed in or depending on to a great extent legalese... Just so your agreement has all of the necessary elements of a contract (you can Google this) you will be good to go.

Please do protect yourself though stuff happens during the term of these agreements and it's not uncommon for a builder to have a dispute and the longer it takes to deliver the more likely a dispute will occur.

Like I mentioned I never did commissions but if I ever did I would be using the three rules of being an attorney:

1) Get the money up front
2) Get the money up front
3) Get the money up front....

No offense intended to anyone and yes I actually speak this way.....

Has the potential customer documented their expectations?

_________________
Ken Cierp

http://www.kennethmichaelguitars.com/