Sophisticated players in the construction industry routinely utilize lawyers for contract review, if not negotiation as well. This is so, despite their extensive experience in construction and entering into construction contracts. The smart money is on getting the contract right.
Often when the parties have a written contract, courts are prohibited from considering what the parties say was really the agreement. So, it is important to ensure that what is put into writing is the same as what was negotiated. Accepting “side deals” that are not in the written document can be a costly mistake.
The contract also represents an opportunity to manage and allocate project risks. Some of the more typical risks to be considered are nonpayment, lack of diligent performance, poor workmanship, and damage to the work during construction. Other, less conspicuous but nevertheless important, risks include inadequate communication and credit risks. In general, risks should be borne by those with the best ability to control or transfer the risk (such as to insurance). Where that cannot be achieved, other methods for managing the risk should be considered.
Choose a lawyer who will assist you in achieving your contracting goals. Choose the Law Office of Robert S. Tanner.