Five essential elements of a construction contract: full name, address and signatures of both parties. While this may seem obvious, this often overlooked element of construction contracts is necessary for the contract to be legally binding. A construction contract is a legal agreement between contractors and customers that presents, in detail, the specifications and terms of a project. Unlike other industries, a construction contract is not a single document.
Instead, it is a collection of documents prepared by several different parties that present the specifications and terms of a project. Managing all of these different contract documents and the different versions of each one can be difficult. It is important for contractors to establish a document management strategy to ensure that change orders and evolving specifications do not go unnoticed. The general conditions are essentially the framework of the construction contract documents.
They provide the “how” of the project. The most important thing is that the general conditions establish all the rights and obligations of the contracting parties. In addition, it will establish the roles of each party and the responsibilities of each party. The general conditions provide the game plan to proceed in the event of any problem in the project, often within a group of detailed clauses.
This includes the process for filing change orders, approving payment requests, and any notification requirements. The general conditions will also include all procedures for suspension, termination and alternative dispute resolution. Special conditions are usually an addition or amendment to the general conditions section. This document will detail the specific terms and conditions of each task or project.
For example, special conditions will include specific instructions that only apply to a job or part of the construction. A clearly defined scope of work, also known as a statement of work, is a crucial element of a construction contract. This document will describe, in detail, the precise tasks and objectives of each contractor. The scope of work determines the amount of work the contractor must complete to fulfill his contractual obligations.
Scope is a fundamental point of reference when preparing change orders and pending lists. Contractors and subcontractors need to know what type of work falls outside their scope of work to avoid doing additional work without additional compensation. Every construction project must include a set of drawings or plans. The drawings provide a simple overview of the project as a whole.
The architect or construction manager must present them to contractors before any construction activity begins. This document informs contractors about what and how to construct the structure. Building plans are a collaborative effort between the architect, the clients and the contractor. Ideally, these are the most up-to-date versions of the drawings.
The construction specifications section contains all technical data and performance requirements. The specifications should detail the materials and techniques that contractors must use in any given task. It will describe all quality standards, acceptable materials, and any quality tests necessary to ensure compliance. The architect or engineer will prepare them and the customer will verify them.
In turn, the customer provides the specifications to contractors who must act in accordance with those details. However, any faulty specification may cause the customer to be responsible to the contractor for the increase in costs that may have been incurred due to the specifications. In some cases, the contractor may want to replace one material with another for a variety of reasons. Contractors must always strictly comply with the specifications prepared by the architect or engineer.
However, in the event that a change needs to be made, it is important to follow the steps required to make a replacement request. Payment is absolutely important to the success of the project, but I am always surprised to see that it is misrepresented or completely omitted in some contracts. Make sure that the following payment information is included in your next contract. One of the most effective ideas I've devised for quick payment was what I called The Zero Dollar Invoice.
What we did during the honeymoon period (that period of time between the notice of intent to award and the notice of continuation) was send the landlord a copy of the expected invoice that we would use for our partial payment request. Since no work was done (we weren't even at work yet) nor were any amounts of work or dollar values included for the work done, it showed the amount of the contract, the quantities, the unit prices, etc. Hence the name Zero Dollar. The idea was to get the owner's approval of the billing procedure they wanted.
This avoided delays at the time of our first invoice because it wasn't the right type of shipment. We also included in our cover letter the exact time of the month in which we would file our bill, how we would get the agreed amounts of the work completed with your representative, and when we would expect payment from you, including interest on late payments, if applicable. This procedure paved the way for our partial payment requests and helped us get a quick payment. These are the essential elements that every construction project contract must include.
In almost every construction project, part of the work is outsourced to specialized contractors, known as subcontractors. Construction companies may require bond and lien provisions for contracts with landlords to ensure payment to their employees and subcontractors. In a construction project, contract documents are the group of documents that define the price, conditions, terms, schedule and scope of the work executed, together with any other specific details of the work. To help you, I offer fundamental basic information on the key elements of any construction contract.
Construction managers develop schedules in different ways, such as the critical path method, Gantt charts, a balance line, or any other schedule that meets project needs. While there are several common types of construction contracts, each is actually a variety of different documents that work together to form the entire agreement. If you're not sure what to include, consider using a construction contact form or asking a legal professional to prepare the contract for you. Construction contracts need as much detail as possible to avoid errors, conflicts and delays, saving time and money for everyone involved in the project.
Make sure that the work schedule is clear in your contract, including the notice of completion, the start date of construction and the end date. A construction contract should include terms such as ensuring that the contractor has the proper licenses and insurance and that the landlord knows that they could receive a lien from a mechanic on their property if they don't pay. Therefore, understanding the contract management lifecycle is of paramount importance in any industry, including engineering management organizations. Depending on the asset to be built, such as infrastructure in the transport sector (roads, railways, ports), health sector infrastructure (hospitals) and commercial buildings (offices, schools), contract management must be suitable for the specified construction or the implicit construction method.
Make sure your contract contains a clear and thorough explanation of the services to be provided, including quality, materials, schedule, and anything else that may be relevant to your particular construction project. Contract management is one of the construction management processes that helps build a good working relationship between customers and service providers. . .