Construction Contract Problems
The single most common reason that there are problems
with construction contracts is that the parties do not understand
exactly what is expected of them. Specifically, one or both
of the parties don't know the terms of the contract, their obligations
or even their understanding of the other party's obligations.
There is a false sense of security when using standard contracts
such as AIA, that both parties will be fairly treated. In fact,
all contracts are slanted to favor one of the parties, usually
the one that created the contract. Because of this, it is especially
important to have a contract that was drafted for a specific
project by an experienced construction attorney.
Things get more difficult when someone who is
not very familiar with construction contracts, decides to make
modifications. In nearly every situation, there are other clauses
within the contract that are affected by these modifications.
Or, when specific language is substituted with general or vague
language in order to be more encompassing, the contract loses
Because there is no requirement to put clauses
in any particular order, it is not uncommon to find similar
or even the same clauses in different parts of a contract.
It is also common to have clauses that are not
allowed, such as pay-if-paid, or pay-when-paid, or waivers of
some right. Anyone who is well versed with contracts will be
able to spot these immediately, and have them removed.
Breach of contract
Termination (for cause or convenience)
Defects & Failures
Anything But Typical
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approach to managing to your legal needs.