Make sure to use the final contract. During the contractual negotiation phases, there are numerous drafts generated by each party. Make sure both parties know and agree to one particular final contract. No one wants to be taken aback by an integration clause.
When tackling what provisions need to be in a contract, start with the basics and add provisions that deal with common occurrences including changes in time, pay and work. This way, all parties can accommodate to these changes.
Include provisions that account for the time the contractor has to finish the work. For example, under what circumstances or conditions is the contractor allowed additional time, and are there liquidated damages for delays? Take a look at Article 8 of A201™-2017, General Conditions of the Contract for Construction for more information on this type of provision.
Make a plan for project changes. A201-2017, General Conditions of the Contract for Construction includes a provision for the fact that a project may change all together. Article 7 allows for the owner and contractor to agree to changes in the work and price changes.
The most important aspect of crafting an agreement is looking into the details and not glossing over specific provisions that can make or break a project.
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