Some Basics in Reviewing a Construction Contract

March 21, 2023by Jeffrey Davis

A construction contract is a legal agreement between a property owner and a contractor, outlining the terms and conditions of a construction project. The most important aspects of a construction contract include:

  1. Scope of Work: This section should detail the specific work that will be done, including the materials and labor required. It should also include a timeline for completion and any milestones that must be met.
  2. Payment Terms: This section should outline the payment structure, including the total cost of the project, payment schedule, and penalties for late payment.
  3. Change Orders: This section should address any changes that may need to be made to the project, including the cost and timeline of such changes.
  4. Dispute Resolution: This section should outline the process for resolving any disputes that may arise during the construction process, including mediation, arbitration, or litigation.
  5. Warranty and Liability: This section should address the contractor’s liability for defects or damage to the property, as well as any warranties or guarantees provided by the contractor.
  6. Termination: This section should outline the conditions under which either party can terminate the contract, including any penalties or fees associated with early termination.
  7. Insurance and Indemnification: This section should address the types of insurance required, such as liability and workers’ compensation insurance, and who is responsible for obtaining and maintaining the insurance. It should also address indemnification, which is when one party agrees to protect the other from any losses or damages arising from the construction project.

Overall, a well-written construction contract should be clear, comprehensive, and protect the interests of both parties involved.