Construction Law
The Pitfalls of a Boilerplate Contract
With the use of online forms, many construction professionals believe it has become easy to employ a boilerplate contract for a construction project. Just plug your information into a website and you’re good to go, right? If it sounds too good to be true, it probably is. A standard form contract will not meet every requirement for a specific project. Crafting an insufficient contract can lead to larger problems later in the project, especially if there is a delay in payment. Below, a Charlotte construction lawyer will go over why a boilerplate contract is not right for your construction project.
What Could Go Wrong?
Boilerplate contracts must follow certain ground rules, and comply with local laws that vary from state to state. The more complex a construction project becomes, the more a contract has to bend to account for these changes. A standard form contract will not properly account for insurance needs, scope of work, or the innovative techniques used in the construction process. With the ease and understandability of a boilerplate contract, there also comes the risk of avoidable mistakes. This can be as simple as accidentally using the wrong form, an honest mistake that can lead to problems down the road.
Boilerplate Contracts Often Contain Unintended Bias
Standard form contracts are created by organizations that are looking out for their own interests. Because of this, a boilerplate contract may favor the party that created this contract. For example, certain contracts will favor an architect or a project engineer, depending on the organization that created the contract. These organizations will always have their best interests at heart, and you may be hard pressed to find a contract that is completely unbiased.
Will Your Contract Still Need Modification?
Even a comprehensive standard contract can potentially leave out details that will need to be later addressed by an attorney. If an attorney needs to be brought in to look at a boilerplate contract anyway, you could simply hire a Charlotte construction law firm to draft your contract for you. This will ensure that every aspect of your construction project is properly addressed within the contract.
If you would like to speak with a Charlotte construction attorney, please contact us today.
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.