Writing a construction contract

Before any work begins, construction workers need a contract. These agreements help guide owners, contractors, manager, subcontractors and other construction professionals so the job gets done right and everyone’s needs are met.

Because this document is so key to a project’s success, it may be beneficial to work with a legal professional when it comes time to prepare the contract. Here are four reasons why.

1. Find weaknesses and risks early

An attorney can analyze a contract for any potential weaknesses and risks before sending it to anyone else for review. That way, when the contract is presented, it is strong enough to reduce any back and forth or cause unnecessary liability.

2. Include the minutia

Construction attorneys know all the elements, big and small, that go into a project. If they help with the contract preparation from the beginning, they can help add any necessary pieces. This includes warranty information, policies for how to address changes or delays to the work, the scope of the project and more.

3. Establish payment guidelines

The contract needs to establish how to pay everyone to avoid any conflicts. Because work can change, everyone needs to have clear expectations for how payment could evolve with the project.

4. Avoid litigation

No one wants to go to court over a construction project but sometimes it is necessary. However, with the right contract preparation, professionals can avoid some disputes entirely.

While many people in the construction industry have a do-it-yourself mentality, which has allowed them to thrive in their work, contract preparation is not the area to utilize those skills. People hire construction workers to do a job right and the same can be said about working with a professional on a legally binding contract.

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Stephen Bialkowski

Stephen Bialkowski, Esq. is a member of the firm and a Litigator and Transactional Attorney practicing in the areas of construction, real estate, real estate development and business law.