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Important considerations when drafting construction contracts

On Behalf of | Jun 6, 2023 | Construction Law |

Establishing a solid contractual foundation is crucial before embarking on a construction project. Construction contracts lay the groundwork for a successful project, ensuring clarity, protection and a smooth working relationship between the parties involved.

However, construction contracts are complex and often involve multiple parties, risks and obligations. As such, it is essential to draft them carefully and avoid common pitfalls that can lead to disputes, delays or losses. Below are some important considerations when drafting construction contracts.

The scope of work

It helps to have a clear and comprehensive project scope by clearly defining the nature of the work, materials to be used, timelines and deliverables. This helps avoid ambiguity and prevents potential disputes down the line. The scope of work should also specify how changes or variations will be handled and who will bear the costs and risks.

Payment terms

The payment terms determine how much, when and how the contractor will be paid for the work. They should be fair, transparent and aligned with the progress of the work. The payment terms should also include provisions for retention, withholding, deductions, disputes and remedies in case of non-payment or delayed payment.

Risk allocation

Protecting against potential risks is vital in the construction industry. The contract should clearly outline each party’s responsibility and liability for the potential risks that may arise during the construction project, such as design errors, defects, delays, accidents, force majeure events or third-party claims. The risk allocation should be balanced and reflect the parties’ respective abilities to control and mitigate the risks.

Dispute resolution

No matter how well-planned a construction project is, disputes may arise. To mitigate the potential impact of disputes, establish clear and fair mechanisms for resolving conflicts. Consider alternative dispute resolution methods, like mediation or arbitration, to avoid costly and time-consuming litigation.

Exercise caution and avoid risks

These are some of the important considerations when drafting construction contracts. Paying attention to these aspects and having informed legal guidance while at it can help you create a solid and effective contract that will protect your interests and facilitate a successful construction project.