The Most Expensive Word in Contracting Is ‘Done’

Part 1 of 7 in the Contract Writing Mini-Series

Three weeks. That’s how long the painting job was supposed to take. It took six.

About $80,000 moved through the job. The painter walked away with about $4,000 to $5,000, roughly five cents on the dollar for six weeks of work. The rest disappeared into costs that kept climbing:

• about $20,000 in paint
• almost $8,000 of extra paint bought mid-job
• about $900 in extra lift charges
• roughly $6,000 more on the lift overall
• labor that came in at about double what was expected

That’s what happens when nobody writes down what “done” means.

I’ve spent 10 years in software consulting and 5 years painting. The same problem shows up in both places. A client says, “I need a website.” Fine. Is that 10 pages or 50? Does every page need a form, a gallery, a booking flow, or copy someone still has to write? If we don’t define it up front, you’ll learn what they assumed right after you finish building what you assumed.

Done Is a Sample, Not a Memory

An acceptance clause says what the work must match before the client accepts it and pays. My gold standard is simple: an approved sample plus written specs.

On a floor-coating job, I want the sample approved before I start. On a paint or coating job, that sample board becomes the reference. On software, the same idea applies to a thin slice of the build: we agree on the standard before I keep going.

I wish I’d had that on a floor-coating job where the first sample settled a debate before it turned into a dispute. When the approved sample exists, acceptance becomes a check instead of an argument.

Five Ways to Pin Down “Done”

Give one person the pen. Pick one person who can approve the sample, the phase, and any change order. If everyone gets a veto, nobody owns the decision.

Put a clock on the review. If the client doesn’t raise specific defects within the review window, the work is accepted. Silence should not trap the project forever.

Measure the result, not the mood. Acceptance criteria should be objective. In painting, that means coats, sheen, coverage, product, and color code. In software, it means the supported devices and browsers are named.

Don’t let a preference dress up as a defect. Hold a flashlight flat against almost any wall and you’ll find a flaw. That is not the same thing as a real defect under the agreed standard.

Leave room for change orders. If the client changes the spec after approving the standard, that is a change order. I’ll come back to that in Part 3.

If those pieces are missing, the job gets fuzzy fast. People start arguing from memory instead of from the contract.

If They Won’t Write It Down, That’s Your Answer

Resistance is useful. If a client won’t define “done,” they’re asking me to carry the risk of their changing mind for free.

I’d rather find that out before the first coat than after the third.

For contractors, this keeps scope creep from wearing a fake name tag. For clients, it stops payment fights before they start. For both sides, it keeps the disagreement on paper instead of in the field.

Steal This Clause

Not legal advice: have your template reviewed by a lawyer licensed in your state.

Acceptance Standard: Client approves a reference sample and Exhibit A specifications (together, the “Approved Standard”). Work is acceptable if it materially conforms to the Approved Standard under normal viewing conditions and within the supported devices and browsers listed in Exhibit A. Payment is due only after acceptance.

Authorized Representative: [Name] is the only person who may approve samples, phases, and Change Orders.

Review Period: Within 5 business days after delivery, Client must either accept the work in writing or list specific nonconformities. If Client does not respond within that period, the work is deemed accepted.

Defects and Change Orders: If Client identifies a valid defect during the review period, Contractor will correct the nonconforming work and resubmit it. If Client requests a different finish, color, feature, or scope after the Approved Standard has been accepted, that request is a Change Order and will be priced separately.

Here’s the simple version in practice: the sample was approved in satin, and halfway through the job the client wants semi-gloss. That is not a defect. It is a Change Order with a price attached. If the review period passes without a word, the work is accepted and the invoice goes out.

FAQ

What happens when acceptance criteria aren’t defined? Projects drift. That’s how a three-week paint job turns into six weeks, with about $80,000 moving through the work and only about $4,000 to $5,000 left for the contractor.

Who should approve the work? One person. If everyone can approve, nobody is accountable.

What if the client changes their mind after approval? That’s a Change Order, not a defect.

What does deemed acceptance mean? If the client stays silent during the review window, the work counts as accepted.

Next Up

Part 2: Phased Work with Payments or Ownership Transfers So neither side ever has more at risk than it can walk away from.

If you need help scoping software work this way, book a call with Practical Works.

Hire us to build it →