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Industry Impact Program: Builder | Realtor Contract Comparisons – February 2026

COHBA Sales & Marketing Program Review:  Builder & REALTOR® Contracts

COHBA members received a comprehensive and highly informative overview of Builder and REALTOR® contracts during our recent Sales & Marketing Program featuring Geoffrey Long of R Pro Academy and Sean Rieger of RSJ Attorneys.

 

OREC New Construction Contract Review

Geoffrey Long walked attendees through the OREC New Construction Contract, highlighting:

  • Key provisions that remain unchanged
  • Important reminders regarding:
    • Inspections
    • Plan reviews
    • Punch lists
    • Change orders
    • Warranties and defects
    • Title evidence and defects
    • Evidence of payments
    • Mediation procedures

Attendees were reassured that changes from the 2025 form are minimal. Geoffrey also clarified the major differences between new construction and existing home contracts, particularly:

  • Inspection-related cancellation rights
  • Post-closing punch list procedures
  • Warranty distinctions

His practical reminders emphasized the importance of careful documentation and understanding how small details can significantly impact risk and liability.

 

BUILDER Contract Portfolio Overview

Sean Rieger provided an in-depth look at the OKHBA Contract Portfolio, which includes:

  • New Construction Contracts
  • Remodeling Contracts
  • Agreements
  • Warranties and related forms

He outlined two primary builder pricing structures:

  1. Fixed Price Contracts – Defined purchase price
  2. Cost Plus Contracts – Clearly defined builder’s fee

Warranty & Risk Allocation Updates

A key highlight was the integration of the NAHB Residential Construction Performance Guidelines, which provide predictability, fairness, and clarity by establishing measurable performance standards.

Sean also reviewed updated risk allocation provisions addressing:

  • Energy efficiency requirements
  • Supply chain flexibility
  • Design protection
  • AI and technology considerations
  • Liability limits
  • Marketing rights

Dispute Resolution Changes

A significant update to note:  Nonbinding mediation is now REQUIRED before arbitration.

Sean outlined the step-by-step dispute resolution process, reinforcing the importance of following contractual procedures carefully to preserve rights.

Practical Contract Tips for Builders

  • Fill in all blanks on every form
  • Ensure documents are signed at the proper time — not after disputes arise
  • Take photos to document and support change orders
  • Maintain clear documentation throughout the project

The program also reviewed several key contract terms in greater depth to ensure builders understand both legal and practical implications.

 

Additionally, attendees were reminded that only COHBA members have access to the Builder contract forms, reinforcing the value of membership.

This program delivered timely legal insight and practical risk-management strategies that equip builders and REALTORS® to navigate contracts with confidence in today’s evolving market.