Critical Contract Clauses Part 1
Well-drafted construction contracts will cover every project detail from beginning to end. It will identify basics such parties, the work, and cost of the project. Contracts will also assign risk between all parties involved in a construction project. One construction project can involve several contracts, all with different clauses. As you can see, drafting contracts can be tedious. Avoid poorly written contracts with the help of an experienced construction attorney in Jacksonville. In this article, we’ll share with you critical contract clauses that can help you avoid costly disputes. In Part 2, we’ll continue our list.
Scope of Work
The scope of work clause identifies where liability begins and ends. Specificity is the key to a well-written clause. Every contract is different, so this section will vary. The variation lies with the liable party. If you are the liable party you’ll want this clause to be detailed and complete to ensure you aren’t held liable for more than you anticipated. Be specific about plans, specifications, and the materials you will use. If a dispute arises, the specifics in the contract will address the issue at hand. Leaving out vital information can lead to messy legal disputes.
This section should cover how you will perform work based on industry standards. Contractors and consumers alike will have expectations of quality during and after project completion. For example, describe how your work will be performed in a workmanlike manner. Give details about how you will install products and materials according to manufacturer guidelines. This helps you protect yourself should a discrepancy arise.
Generally, you’ll want to guarantee that your work will be free from defects. Still, defects may occur after a project is complete. Including warranties and guarantees shows you care about the quality of work you perform. A warranty is a promise that you will repair or replace a defective product within a specified time. You can provide one-year warranties or extended warranties.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.