As an experienced construction professional working on unique projects in the industry, the services you provide are highly specialized and the approach you take to a project is never exactly the same. The same process should be applied to drafting, reviewing, and revising a well-written contract that mutually protects every individual’s best interests. Unfortunately, many construction professionals don’t closely review their contracts nor do the contracts clearly articulate their responsibilities on a project. Before you sign a legally binding agreement, consult a construction law attorney in Clarksville, TN.
In the first and second parts of this series, a construction lawyer in Clarksville, TN, discussed a few important factors that need to be featured in every contract. In this final section, we will cover some terms and conditions that an attorney will look for when they review your written agreements. Remember, these are just a few key examples of the type of clauses that should be featured in your construction contracts. For a comprehensive contract review, please consult a construction attorney in Clarksville, TN.
Important Terms and Conditions for Construction Contract Review
There are several terms and conditions that should be featured in your construction contracts. A construction attorney will review your contract and make certain the following elements are featured in your contract and protect your interests:
Copyright and Confidentiality: Contractors provide their clients with various documents, blueprints, plans, and other materials that are subject to copyright laws. An attorney can ensure that your contract allows you to retain ownership rights of your construction plans. Similarly, it’s important to have an attorney review any non-disclosure agreement forms to ensure that all parties are aware of what is considered “confidential” information related to the project.
Acts of God: Sometimes events occur that are beyond the contractor’s control. Whether it’s a natural disaster, fire, or even a material shortage, if the contractor’s ability to complete a project is affected by some element out of their control, the contract needs to protect them from any form of liability.
Dispute Resolution: Chances are that most contractors will work on a project that involves some form of a dispute. As disputes are common, it’s important that your contract features information depicting how disputes can be resolved in a timely and cost-effective manner.
Termination: A contract can be terminated for a variety of reasons including the owner’s failure to pay. It’s important that the contract features an exit plan for the contractor if this occurs. Consult an attorney to ensure your contracts give you the ability to terminate work and feature an indemnity clause that protects your interests.
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.