Construction contracts form the heart of the agreement between the parties, and impact on every level and scale of the work. Too often it is made up of boiler plate supplementary general conditions, and “Frankenstein” clauses taken from other projects and precedents, rendering them irrelevant in the contract at hand, and “coveralls” which unfairly foist the burden on one party.

Creating a fair and enforceable construction contract that can be effectively managed is key to preventing future conflicts. Learn how to handle changes, delays, and identify critical legal precedents that might cause issues.

In this session, topics of discussion will include:

• How and when to use a “boiler plate”
• Understanding the potential risks and complications of the “Frankenstein” contract, where clauses are borrowed from other contracts, or address non-existent conditions
• Understanding the coverall clause, which can create a high-stakes environment, with contractors having to account for conditions that may never occur, leading to increased costs
• Issuing notifications of change and delay within contractual requirements for form and notice, and working through the ensuing Change Order
• Assessing a Change Directive, and its potential effect on your bottom line
• Documenting and tracking delays clearly and in conformity with the contract
• Changes are often the subject of discord: Solutions to arrive at an equitable and defendable claim for costs and delays