When two parties are entering into a real estate or construction project together they should have a construction contract in place. Typically a construction agreement is between a contractor and a client. Having contracts in place ensures that the project will go the way both parties agree to. Construction contracts can be highly complex, the hiring business attorney can assist with the following types of construction issues:
- Arbitration Clauses
- Breach of contract
- Achieving code compliance and resolving code violations
- Workmanship complaints
- Construction defects
- Breach of implied warranty disputes
- Mechanic’s liens
- Bond claims
- Environmental disputes regarding construction debris management
- Time and Material Disputes
- Landlord-tenant build out disputes
- Contract termination
The information that is typically included in a construction agreement is the names of the parties, the location of the work that will be performed, a description of the work to be done, estimated time frame for work to be completed, payment information, any additional inclusions or clauses, and signatures of both parties. It is important that the description of work that is to be done is very specific including the details of the task and the desired results. Another piece of information that should be very specific is regarding the payments. The most common payment terms are payment upon complete and payment upon acceptance. A payment schedule should never include “upon approval of client”.
Contract attorneys know the construction industry and what contracts are needed for the relationship between the contractor and the client to be successful.