It should go without saying that a construction contract is essential every single time. It is mandatory to write down all the details concerning the agreements and business relationship between contractors and owners.
The elements of the contract will define the process and help to prevent any misunderstandings. The largest amount of provisions concerning risks is contained in the general conditions category. When as many risks as possible are correctly determined, the project is most likely to succeed.
When uncertainty is not part of the game, each party can properly focus on the responsibilities at hand and contribute to a successful collaboration. Planning ahead and scheduling tasks is part of the contract performance.
Is the standard construction industry contract valuable in terms of risk assessment? Standard form contracts are regarded to be beneficial from a legal point of view and are used as a reference for any construction contract. This is just one of the reasons why they are so frequently used.
The industry standard is well-known so it eliminates the drafting time and therefore it decreases the overall costs of this stage. However, parties can obviously choose to draft their contracts based on the standard form according to their particular needs and requirements.
Both subcontractors and contractors are familiar with the main general conditions and consequences. Still, it is smart to use caution whenever such a contract will be the foundation of a new partnership or business relationship.
After all, each company and collaboration might have some particularities and those need to be properly addressed in writing right from the beginning. So the standard form should be modified accordingly.
Some business owners still make the mistake of failing to read properly the contract. It might seem surprising but there are a few that don’t read standard contracts at all. This is a major misstep that can lead to a lot of troubles.
Always read well the contract and pay attention to details. Don’t use the same terms and conditions for different agreements. Different circumstances and projects require different approaches.
Changes can have effect on other provisions so make sure that everything makes sense. A single term can cause confusion and lead to negative consequences. The contract will be signed once so it is worth it to invest extra time into drafting it adequately and making sure that both parties are on the same page.