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The Importance of a Customer Contract for Construction Contractors

8/29/2023

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In the construction industry, a handshake deal or verbal agreement is no longer enough to secure a project. With complex regulations, increased financial stakes, and the chance of disputes arising, a strong customer contract is essential for any construction contractor. This legal document can make or break a project, affecting both its smooth execution and financial viability. In this blog post, we will delve into the key elements that make up a good contract and why having one is non-negotiable in today's construction landscape.
 
1.Protecting Both Parties
A contract serves as a two-way street, safeguarding both the contractor and the client. It spells out the rights, responsibilities, and obligations of each party, thereby eliminating ambiguity and providing a clear roadmap for the project. 
 
2.Key Elements of a Good Contract
  1. Scope of Work
The contract should clearly outline what work will be done, where it will be completed, and the timeframes involved. A vague scope of work can lead to misunderstandings, delays, and cost overruns.
  • ​Payment Terms: Details about how and when payments will be made should be clearly specified. Payment milestones tied to specific tasks or phases are a common best practice.
  • Dispute Resolution: Whether it's arbitration, mediation, or litigation, your contract should specify the method for resolving any disputes that might arise during the project.
  • Termination Clauses: Both parties should have the ability to exit the contract under specified conditions. Clear termination clauses protect the contractor from being stuck in an unfavorable project and protect the client from subpar work.
  • Licenses and Permits: The contract should mention who is responsible for obtaining any necessary licenses and permits. Failure to do so can result in legal repercussions and delays.
 
3.The Legal Advantage
Having a comprehensive contract reviewed by legal professionals provides an extra layer of security. Legal experts can identify potential pitfalls and suggest revisions to better protect your interests.
 
4.The Role of Technology
Digital contract management systems allow both parties to track changes, add comments, and even sign contracts electronically, making the process more streamlined and less prone to error or oversight.
 
 
In the complex world of construction, a robust customer contract is not just advisable; it's indispensable. It provides a framework for a successful project and serves as a safety net for both contractors and clients. Given the stakes involved, consulting with legal professionals experienced in construction law can help you create contracts that are both fair and ironclad, thereby setting the stage for a successful project.
 

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    Erick S. Arriola is the Founder of The Arriola Law Firm. He has been a Colorado litigator for over seventeen years with a primary focus in business and commercial litigation.

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