Understanding Construction Contracts

One of the biggest mistakes contractors and subcontractors can make is signing a contract before reading and understanding it in its entirety. Failure to do so can result in entering into a contract with unfavorable provisions and impossible terms. …

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One of the biggest mistakes contractors and subcontractors can make is signing a contract before reading and understanding it in its entirety. Failure to do so can result in entering into a contract with unfavorable provisions and impossible terms. Many of these issues cannot be corrected after the parties have entered into a contract because neither party has any legal obligation to the other to further negotiate any provisions. In most cases, neither the opposing party nor a court will hesitate to enforce the provisions of such contract.

Although you may read a contract and believe that you understand it in its entirety, you should still consult with an attorney prior to signing the contract. In a number of situations, an attorney will be able to identify issues that are not readily apparent to a person without legal training and experience. Some common provisions that can be problematic include payment provisions, no damages for delay clauses, payment based on a condition precedent clause (i.e. paid when paid or paid if paid clauses), and termination for convenience provisions.

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via Bowie & Jensen, LLC Construction Law Forum

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