What makes a construction contract binding?

Construction contracts are legally binding agreements between homeowners and builders that describe specific details about the agreed work. Among the details are the compensation the builder receives and how that compensation is distributed. While this may seem obvious, this often overlooked element of construction contracts is necessary for the contract to be legally binding. Without proper information or appropriate signatures on all required documents, it will be difficult to get the contract postponed in court.

Depending on the terms of the main contract, the contractor may accept responsibility for the preliminary work carried out under the initial works contract. There are many types of building construction contracts that can be customized to meet your specific needs. The main contract is the contract under which a contractor undertakes to build or complete an entire project. Jeff provides practical, responsive and strategic advice related to the acquisition, construction, lease and sale of real estate for a wide range of property types, including offices, retail, medical, industrial stores, flexible industrial spaces, mixed-use condominiums, multi-family and hospitality.

When you're about to embark on a construction project, you'll want to make sure that you and your client are on the same page. In addition, homeowners may not finish quality work on time, and if the contractor doesn't have scrupulous billing practices, they could end up overpaying. Set a clear notice to proceed, a construction start date and an end date, and be sure to differentiate between calendar days and business days. Some of the most discussed aspects of a construction contract include issues related to payment, the scope of work completed, and the time needed to complete the project.

Having a legal construction agreement provides a layer of protection for both the contractor and the customer. It is also advisable to include in the contract that you are not responsible for delays caused by the landlord in obtaining the required permits, easements and approvals, or for delays caused by bad weather. It is strongly recommended that you consult a construction lawyer or legal counsel to effectively draft your construction contract. Regardless of the type of contract, there are certain provisions and guidelines that must be included in the construction contract.

I can provide assistance at the beginning of a business conversation to help guide you and make sure you ask the right questions even before the trade agreement needs to be negotiated, but if you're ready to establish a contract, I can definitely help you with that too. For example, if the contract is for the sale of land, a verbal contract will not suffice; the contract must be in writing and signed. I will return to work more on a contract basis in the future, as the attorneys who have researched for these services are top notch. As with a letter of intent, if the parties to an agreement want it to be a legally binding contract, it must contain a specific term stating that it will be immediately legally binding and that the key elements of the agreement (consideration, capacity and any legal formalities) must be present in the document .

Elbert Thanem
Elbert Thanem

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