Best Practices for Construction Contracts Part 1
The Miami construction litigation attorneys at Cotney Attorneys & Consultants have seen many contracts over the years and have learned a number of best practices. The execution of these practices and procedures ensure that our clients’ interest is always protected. They can take comfort in knowing that their contracts support their interests while presenting a clear path to reach project goals for both parties. Poor practices, such as using ambiguous language in a contract, can lead to conflict and claims. This can cost thousands of dollars and delay your project significantly.
In this two-part series, we will review some of the best practices we’ve learned and applied to the work we’ve done for clients. Part one will cover some basics, while part two will go over more detailed information.
Make Your Contract Clear and Concise
Ideally, your contract should be the guiding force of your project. In order to set proper expectations for all parties involved in the project, it must be as clear as possible. Construction projects are made up of people. People naturally interpret things differently. By having a clear and concise contract, there will be no room for interpretation and less conflict.
Make Your Contract Comprehensive
Not only should your contract be as clear and concise as possible, it needs to include as much information as possible. All the important details about the work being done need to be included as well as other documents like pre-bid statements, for example. Adding all the documents involved in your project can prove critical should a conflict occur.
Make Your Scope of Work Comprehensive
A scope of work provides expectations and guidance for how work will be done on a project. It’s a key part of the project in that it gives specific information about what should happen on the construction site. It’s crucial that this part of the contract is clear and easy to understand for all parties. Having a great scope of work goes along way in achieving success on a project.
Provide a Glossary of Key Terms
Certain terms have different meanings to different people. Part of creating a clear contract is making sure that everybody is on the same page with what terms in a contract mean. Providing a glossary is an easy way to do that.
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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.