Custom Construction Contract Drafting
Construction contracts quite often are the result of negotiations by the parties executing it.
T & G Counsel construction attorneys have drafted and negotiated various construction contracts, engineer agreements, design architect agreements, builder and railway agreements, oil and gas, solar power, wind power agreements for different types of projects.
We represent and advise construction managers, general contractors, subcontractors, developers, contractors, trade contractors, material suppliers, managers on issues related to commercial and residential construction projects.
Construction Contracts: Drafting, Negotiation & Interpretation
Regardless of the project or client, it’s absolutely necessary to have a detailed, concise and clear contract in place from the beginning for the increased protection for both the contractor and the client.
When it comes to construction projects and contracts, one size does not fit all and it must be bespoke and customized. All the details of the project and the scope of work should be carefully evaluated to draft a contract which will serve the project.
The contract should include a title of the project which specifies the scope of the work, timelines, project start date, estimated completion date, consequences for delays in completing the project, cost estimates, payment schedules, a stop-work clause, which give a right to pause the project if the payment has not been received in a timely manner.
The stop-payment clause allows the client to withhold payment if the contractor does not complete the work according to accepted to quality level.
There are many variations of drafting construction contracts to secure that it is not open to interpretations: confusing or misleading language can lead to challenges and, subsequently, to legal disputes.
When drafting a construction agreement it is necessary to ensure that all the needs and wants both of the project and the parties are considered, duties and responsibilities of the parties are in place, and expectations are clear for all parties involved.
Having a proper construction contract, with a detailed change orders provision, modifying the scope of work helps to decrease costs incurred as a result of project changes and assists with preventing, or minimizing delays related to changes in the scope of work.
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