When two or more parties agree to build something together, a construction contract is drawn up to outline the terms and conditions of the project. This document is vital in protecting the interests of both parties, and it’s important to have a construction lawyer who can help make sure the contract is fair and legally binding.
Construction contracts can be complex, and there are a lot of potential pitfalls that can trip up even the most experienced builder or project owner. That’s why it’s so important to have a construction lawyer on your side. A good lawyer will spot any problems with the contract and make sure that you’re protected from them. They can also help negotiate better terms on your behalf and make sure that the contract is legally binding.
There are a variety of different construction contracts that can be used in a construction project, and it’s important to choose the right type of contract for your needs.
Most Common Types of Construction Contracts
Lump sum or Fixed price contract
Under this contract, the contractor agrees to complete the project for a fixed price. This is a good option for projects with a clear scope and budget.
Cost plus contract
Under this contract, the contractor is reimbursed for their actual costs plus a fee. This type of contract is typically used for projects that are more complex or where the scope is subject to change.
Time and materials contract
Under this contract, the contractor charges an hourly rate for their services and charges separately for materials. This type of contract is typically used for projects that are more open-ended or where the scope is subject to change.
There are many construction contract forms out there for use. The most popular are forms created by the American Institute of Architects (AIA) and ConsensusDocs (forms created by contractors). These forms can be a good starting point, but even these industry forms should be reviewed by an experienced construction lawyer as not every term in a form contract may apply to your specific project.
What to do if something goes wrong during the project
If something goes wrong during the course of the construction project, it’s important to act quickly and decisively.
Here are some tips for what to do:
Contact your construction lawyer immediately. They will be able to help you navigate the complex legal landscape and determine the best course of action. If there is a problem with the quality of the work, try to work with the contractor to resolve the issue. If that doesn’t work, you may need to file a claim with your insurance company. If there are safety concerns, make sure to contact the proper authorities so they can investigate and take action if necessary. Keep detailed records of all correspondence, contracts, and invoices related to the project. This will be helpful if you need to take legal action down the road.
By following these steps, you can protect your interests and get the construction project back on track.
Common Issues with Construction Contracts
One of the most common issues with a construction contract involves disputes over payment. These can arise for a number of reasons, including disputes over changes in the work or over the quality of the work. However, this can be a slippery slope, and it’s important to have a construction lawyer who can help make sure that your interests are protected.
Another common issue with construction contracts is liens. If a contractor doesn’t pay their workers or subcontractors, they may put a lien on the property. This can cause delays in the construction process and add unnecessary stress to the owner.
Again, having a construction lawyer who is familiar with the ins and outs of construction contracts and liens can help protect your interests and make sure that the process goes smoothly.
Contact a Construction Law Firm
If you’re thinking about entering into a construction contract in Florida, make sure to contact a Florida construction lawyer who can help you navigate the process and protect your interests. Construction contracts can be complex, and there are many pitfalls that can trip up even the most experienced builder or owner. Having a construction lawyer on your side will give you peace of mind and help ensure that the construction process goes smoothly.