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How to Avoid Breach of Contract on a Construction Project

The contract that you signed at the beginning of your construction project outlines everything that you need to do in that project. When you do work, you have to make sure that it aligns with the contract. Otherwise, you may have to hire a Denver construction lawyer to help you deal with breach of contract disputes. They can quickly turn into litigation and major problems for your project. In this article, a Denver construction dispute lawyer discusses how to avoid breach of contract disputes on a construction project. 


Related: Is a Construction Delay a Breach of Contract?

What Is Breach of Contract?

Breach of contract is a situation where one party in a contract feels that the other party violated the terms of the contract. This can happen in many different ways, but it boils down to a perceived violation of an important clause of a contract. When this happens, the party that was hurt by the breach can take legal action against the party that broke the contract. 

Clarity Is the Key

One of the best ways to reduce your chances of violating a contract is to ensure that every part of a contract is extremely clear. When you are working on a major construction project, you will likely be involved in some contract matters. If you are a client, you should be very clear about what your rights are regarding the contract you have with the builder or the architect and what can be done when there is a breach of contract. Once you have a clear understanding of your legal rights, it is important that you understand how to avoid a breach of contract on a construction project. 


Related: Breach of Contract and Construction

Honor Contract Terms

If you want to avoid a breach of contract case, then make sure that you honor contract terms. Construction law states that any construction project can be enforced by either a breach of contract or a breach of the subcontractor’s liability. Since your company agreed to the terms of the contract, your best option is to stick to them. The only exception to this is if there is a major conflict with the terms of the agreement, such as adhering to the terms would mean that you have to do something illegal. If you feel that your company cannot comply with a contract that it agreed to, then consult a lawyer immediately to find a resolution to the problem. 

Implement Strong Quality Control Processes

Many breach of contract problems arise when staff members fail to meet performance standards or forget what they are required to do. There should be a quality control system in place to monitor the project and ensure that everything is in compliance with the contracts. Quality is one of the most important aspects of any construction project, and this is why construction law is very important to ensure that quality is maintained in all aspects of the project from the beginning until it is completed. 

Construction law contains a lot of important provisions that regulate the construction process, and these include sections that deal with general construction law matters, including the various permits that are needed, the contractual obligations which apply to the construction of a building, and the requirements for dealing with subcontractors. It is very necessary for a construction project to follow the construction law, as this will ensure that all laws are followed by the construction and that no breach of contract or misrepresentation occurs. 


Related: Breach of Contract Claims: Affirmative Defenses and Counterclaims

Document Everything

As a construction project manager,  it is crucial that you understand how to document everything. You want to make sure that your team is on pace with the schedule and that the work they do is meeting expectations. By documenting as much as you can, you guarantee that you’re properly prepared for any number of unforeseen events. So if you’re a project manager, what should you be doing to document everything?

For starters, all project managers should be paying attention to their schedule and budget. In order to make sure that your budget fits your planned budget, you need to have a complete understanding of the project. As a manager, you have a responsibility to manage the project, so you need to document everything in writing. Whether you notice something amiss on the schedule or something comes up that requires further review, by staying on top of your project, you’ll never be caught off guard.

Stay Ahead of Schedule

Breach of contract disputes can disrupt your construction projects and lead to serious legal issues. Doing what you can to ensure that you do not have breach of contract issues can go a long way toward keeping your company out of serious trouble. If you have questions about the potential breach of contract issues, contact one of the Denver construction law attorneys from Cotney Construction Law.

If you would like to speak with one of our Denver construction attorneys, please contact us today.

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.