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The Performance Duties Provision Part 1

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Translating a design from 3D renderings and blueprints into a fully realized, physical structure isn’t as simple as following the instructions. Every project is composed of countless moving parts and requires an array of trade specializations to complete. People with differing skills sets, knowledge, and experience must work together to finalize a project, but coordinating all of these parts, and ensuring they all complete their tasks can be difficult to manage.

That’s why every project should include the Performance Duties Provision. This provision, sometimes referred to as a “Scope of Work,” provides the contractor and the owner with a clear detailing of the work to be done. In this two-part series, the Naples construction lawyers at Cotney Construction Law will explain the importance of the Performance Duties Provision and how they can save you time, money, and frustration.

What is Included in a Performance Duties Provision?

This provision catalogs all of your duties and responsibilities as a contractor. It notes the volume and scope of work to be undertaken by the contractor, how the project will be completed, a tentative deadline, and various obligations professed by the contractor. While the bulk of this provision is generally afforded to foreseeable events and circumstances, it can also describe unexpected events, too. Depending on the thoroughness of your provision, it can even include information regarding quality of work, handling of documents, and interpretation of design plans. Ideally, the provision will eliminate any doubt in the investor’s mind, while giving the contractor a clear path forward for development.

What Are Common Issues with the Performance Duties Provision?

The Performance Duties Provision is extremely helpful pending its depth and completion. A vague or incomplete provision can be very detrimental to a project, resulting in incomplete or defective work, issues with coordinating teams across varying trade specializations, and quality of work disputes.

Unfortunately, if the provision fails to account for these issues ahead of time, you could end up entrenched in litigation with your investor as you desperately search for a solution. This creates a negative feedback loop in which a lack of the proper provision results in litigation, which takes more time away from the project leading to pushed back deadlines and further conflict between you and the investor. In some instances, buildings have remained unfinished for years while long-winded disputes between contractors and investors raged on.

Are you drafting the Performance Duties Provision into your contracts? The Naples construction attorneys at Cotney Construction Law can help you ensure that your firm sets a realistic expectation for the work to be completed, virtually eliminating any chance of legal backlash from an investor. In part two, we will explore preventive measures for the provision.

If you would like to speak with a Naples construction attorney, 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.