What Future Factors Should Be Included in Your Construction Contract?
A basic contract consists of an offer, acceptance, and future considerations. In a construction contract, it is important to detail the work performed and the consequences of late or incomplete work. If things change, both parties have outlined the implications and possible outcomes. Our Fort Lauderdale construction attorneys have made available the future factors to include in your construction contract.
Specify Payment Responsibility of Litigation Fees
Parties should disclose in their contracts who will pay for attorneys’ fees when an award or judgment is given. In most states, each party pays for their own attorneys’ fees so, in order to have those covered, it must be disclosed in the contract.
Include Items Covered By Warranties
Include the items covered by warranties in your contract. Warranties protect the work performed both during and after the project. It is always best to have equipment and materials warrantied and the understanding from both parties of what items are warrantied. Legally, you must include items warrantied, but by law, there are two items that are “implied.” In a dispute or legal preceding, the two items legally covered by an “implied” warranty are your legal duty to (1) always providing correct information and (2) good workmanship.
Anticipate Your Delays
Most contracts allow contractors to claim time extensions when delays that are out of their control happen. If the contractor is responsible for the delay, the Owner will often not approve additional time or financial resources. There will be delays, whether your fault or not, so speak to an attorney to confirm the language concerning delays in your contract.
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.