{"id":42134,"date":"2018-07-19t07:45:43","date_gmt":"2018-07-19t11:45:43","guid":{"rendered":"\/\/www.deco-dalles.com\/?p=42134"},"modified":"2020-07-20t11:57:24","modified_gmt":"2020-07-20t15:57:24","slug":"construction-contracts-from-a-to-z","status":"publish","type":"post","link":"\/\/www.deco-dalles.com\/construction-contracts-from-a-to-z\/","title":{"rendered":"a guide to understanding construction contracts from a to z"},"content":{"rendered":"

contractors use many different types of contracts but predominantly lump sum and unit price type of contracts. however, i have seen contracts that are lacking or missing essential elements required for your protection and the customer\u2019s as well. this article is written to inform you about the very basics plus a few more items that must form part of every construction contract. <\/p>\n

basic elements of a construction contract<\/h3>\n

there are some items that must be present on every contract regardless of the type and composition. although there are standards like aia and consensusdocs that provide standard contracts for you to use, there are other instances that you might need to have your own tailored construction contract(s). a contract must contain an offer of a product or service in exchange of some compensation or monetary value tied to it. the other very basic element of a construction contract is the time on which the service or product needs to be completed.<\/p>\n

structure of construction contracts<\/h3>\n

the first section of every construction contract identifies who the individual is, the corporation of entity that provides the services and who is the buyer or company\/individual receiving the services. these sections shall contain legal names and dates on which the agreement takes place or when it starts. the contract must also specify location of the parties and a description of what services are offered. the next sections will reference the scope of work or obligations of each contracting party and their responsibilities, related to the specialized product or service being purchased.<\/p>\n

legal and related terms<\/h3>\n

the contract should also include the means and methods that both parties need to follow if any claims arise and how to manage those claims. an arbitration process is usually the preferred method of solving disputes<\/a> before escalating those to the local law entity or ahj. it is critical to specify the terms on which disputes<\/a> can be presented to the other party. be sure to review and understand the indemnity agreement section. this section provides the appropriate language, so the contractor pays to protect and defend the owner from and against insurance claims<\/a> for bodily injury and property claims.<\/p>\n

warranties and terms<\/h3>\n

once the project gets completed, you will want to offer some sort of warranty that could be related to labor, material or both. the clear definition of workmanship warranties and material is specified under this section and when the start date for those warranties will take effect. sometimes, the owner wants to carve out scope for them to hire to a third party, so those tasks shall be spelled out in the scope of work<\/a>. make sure to establish your warranty start date as the same date you receive the substantial completion and continues for a define period. warranties must include manufacturer\u2019s warranties for equipment, systems, and materials. make sure to clearly define warranty items from punch list and to your benefit add the end date of the warranty.<\/p>\n

payment and reimbursements<\/h3>\n

construction contracts many times fails to identify what services or costs are to be reimbursed, causing issues and disputes related to costs. make sure there is a summary of items that you will be entitled to reimbursements and how those costs are processed and billed. the payment recurrences are part of this section, providing information as to how frequent and how fast you will get paid. it is important to include description and information required to process the invoice including any supporting evidence, such as timesheets and invoices; if a t&e type of contract is used. payments can be structured after material is received on site, installed or sometimes even when the order is placed. another common language inserted in some construction contracts is the one allowing contractors to recover overhead and profit during change order requests.<\/p>\n

construction scope<\/h3>\n

probably the most important section, the vaguest and overlooked section of them all. this section needs to be more than what your estimator is providing. take the opportunity to ask and get confirmation by the owner that the drawings and documents provided are accurate, so you are protected against potential scope gaps. the scope is a critical section that might need several pages or perhaps a separate document describing the:<\/p>\n