Our Sarasota construction attorneys understand that the contract negotiating process can be a stressful process especially if you don’t have much experience. But, if you understand your position with your customer and use some of our suggestions in this article, both you and the other party can begin a project that is not only beneficial to you both but sustainable. Visit Part 1 to read the first part of the article.
Incorporation by Reference
Incorporation by Reference is a term used in contracts which means that other documents such as the project manual, the prime contract, the specifications, or any other documents are included in your contract by reference. For example, if you are working with a fixed price contract, it would likely incorporate by reference an A201, which is a document outlining general terms and conditions. It’s especially important to obtain and review these additional documents since they can modify the terms of your contract.
Read Your Contract
You should always review your contract to make sure you understand it. This is even true of form contracts such as AIA contracts provided by the American Institute of Architects. With these types of contracts, there may be some changes made to the form that you need to be aware of. Don’t take any chances, if you want to be assured of the strength and validity of your contract, have a Sarasota construction attorney review and explain the contract to you.
Is a Contract Lawsuit Proof?
While it is highly recommended that you contact an attorney to review or draft your contracts, you must understand that no provision is lawsuit-proof. You can be sued at anytime for anything. Notwithstanding, a contract that is clear and includes the right provisions will validate your position should you run into any discrepancies. For example, if there are project delays, you can point back to the sections of your contract that addresses delays which will validate your entitlement to additional compensation. This way, you’ll be in a better position to defend yourself in the event a dispute arises.
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.