This questionnaire should help you get a picture of your individual construction business situation. It is not intended to take the place of legal counsel. If you feel you need legal advice, you should contact an attorney. However, the information you provide by answering this questionnaire should help you and your attorney focus on your individual needs.

Business Organization

• Are you organized as a corporation or some other entity, such as a L.L.C. or L.L.P.? If so, list the type _______________ .
• If you are organized as a corporation, are you taxed as a Sub Chapter S or Sub Chapter C?  Yes ____  No ____
• If your company is organized as a L.L.C., are you taxed as a partnership?  Yes ____  No ____
• Do you have meetings of shareholders or officers? If so, how often? ____________________.
• Do you keep permanent records of minutes of these meetings?  Yes ____  No ____

Business Succession Issues

• If your company has more than one owner, do you have an agreement that defines the rights between the owners, such as a Buy/Sell Agreement, Stock Purchase Agreement or Operating Agreement that sets out all rights and obligations of the parties if one of the parties dies, becomes disabled, or leaves the business? If so, which one(s) do you have? __________________________________________________________.
• Do the agreements above set out specifics as to a fair buy-out price and the timing of the purchase of the stock?  Yes ____  No ____
• Does the agreement above set out a funding plan for the buy-out?  Yes ____  No ____
• Do each of the owners of the business have up-to-date estate plans? (Failure to do so can impact the company negatively.)  Yes ____  No ____

Compensation Strategies

• Does your company have a retirement plan that is in place? If so, what kind? ______________________________.
• Does your company have a stock plan in place? If so, what kind? ______________________________.
• Does your company have a bonus or extra compensation plan in place? Is it in writing?  Yes ____  No ____

Relationship with Customers/Contractors

• Are there companies that you regularly deal with but do not have written contracts related to the relationship? If so, please describe. _____________________________________________.
• Do you have a procedure for documenting job performance complaints from clients and customers?  Yes ____  No ____
• Do you have a procedure for documenting change orders requested by clients?  Yes ____  No ____
• Do you have a procedure for documenting construction delays experienced on a project? Is a job diary regularly maintained?  Yes ____  No ____
• Do you have a procedure for documenting orders or agreements that are not governed by written contracts?  Yes ____  No ____
• Do you have a procedure for giving notices related to and filing liens?  Yes ____  No ____
• For non-residential construction: Are you giving written notice within 15 days (if you are an owner or contractor) or 5 days (if you are a subcontractor or sub-subcontractor) of a pay request or invoice that you dispute? (See Ala. Code § 8-29-1, et seq.) Yes ____  No ____

Licenses and Permits

• Are you a residential homebuilder and, if so, are you licensed with the Home Builders Licensure Board? (See Ala. Code § 34-14A-5) Yes ____  No ____
• Do you engage in blasting or otherwise use explosives and, if so, do you have an up-to-date (renewed or obtained within one year) blasting contractor’s license? (See Ala. Code § 8-17-247 (1975) Yes ____  No ____
• Do you engage in surface coal mining or act as a subcontractor to a contractor who does and, if so, do you have a license in accordance with Ala. Code § 9-16-81 (1975)? Yes ____  No ____
• Do you engage in electrical contracting business and, if so, are you licensed pursuant to the Alabama Electrical Contractor’s Act of Ala. Code § 34-36-1 et. seq. (1975)? Also, is your license displayed pursuant to Ala. Code § 34-36-12 (1975)? Yes ____  No ____
• Do you engage in the business of architecture and, if so, are you licensed pursuant to Ala. Code § 34-2-30 et seq. (1975)? Yes ____  No ____
• Are you engaged or likely to be engaged in work as a non-residential general contractor or subcontractor for a building project with $20,000 or $50,000 or more and, if so, are you licensed as a general contractor with the Alabama State Contractor’s Licensure Board pursuant to Ala. Code § 34-8-1, et seq. (1975)? Yes ____  No ____
• Are you engaged in the construction of a swimming pool and, if so, are you licensed as a general contractor with the Alabama State Contractor’s Licensure Board pursuant to Ala. Code § 34-81-1(b), et seq. (1975)? Yes ____  No ____
• Are you engaged in Landscape Architecture and, if so, are you licensed pursuant to Ala. Code § 34-17-20 (1975)? Yes ____  No ____
• Are you engaged in the business of installation and service of installation, service or repairs of heating and air conditioning systems and, if so, are you certified by the State Board of Heating and Air Conditioning Contractors and Ala. Code § 34-31-18, et seq. (1975)? Yes ____  No ____