Disputes are common in the construction industry. The parties involved can either settle their differences amicably or go to court.
Since the contract controls almost every aspect of a construction job, it must contain clear, concise wording or litigation can result.
Scope of work
It is vitally important to describe the scope of work in any construction contract. Detail everything about the job including the type of materials you will use, the source for those materials and the timeframe for completing the job.
You can gain a level of protection for your work by including a clause in which you confirm that you will install materials according to construction industry standards and the manufacturer’s instructions.
It is also a good idea to confirm your commitment to professionalism and quality by saying that you and your team will perform your work and install materials and products in a “workmanlike manner.” In this, you are saying that you possess the skill, knowledge and competency to complete a successful construction project.
Change orders occur frequently and disputes usually arise between contractor and customer because of pricing. The rule of thumb is never to start the work initiated by a change order until you create a binding legal document. Again, the wording must be clear in order to avoid possible litigation.
More than a handshake
The time is long past for construction work to begin on a handshake. Make sure the initial construction contract and any documentation needed thereafter is clear, concise and free of content that a reader could misinterpret in order to avoid a legal battle.