Top 5 Mistakes to Avoid When Signing a Construction Contract

W. Neal Hollington
W. Neal Hollington

Mar 01, 2024

3 minute read

Construction Contracts

Are you about to sign a construction contract? Whether you're a homeowner embarking on a renovation project or a developer planning a large-scale construction venture, understanding the nuances of your contract is crucial. A construction contract is not just a formality; it's the blueprint that governs your entire project, protecting your interests and defining the responsibilities of all parties involved. However, many individuals fall into common pitfalls when signing these agreements, leading to disputes, delays, and sometimes costly litigation.

To ensure your construction project starts off on the right foot, it's essential to be aware of the top five mistakes to avoid when signing a construction contract. As a seasoned construction contract attorney, I've seen these issues arise time and time again, and we're here to help you navigate the complexities of construction law.

  1. Incomplete Scope of Work: One of the most common mistakes is failing to clearly define the scope of work in the contract. Vague language or missing details can lead to misunderstandings between the parties, resulting in disputes over what was included or excluded from the project. Make sure the contract thoroughly outlines the work to be performed, including materials, timelines, and any specific requirements or preferences.

  2. Ignoring Change Order Procedures: Changes are inevitable in any construction project, but they can quickly spiral out of control without proper procedures in place. Many contracts include provisions for change orders, which outline how modifications to the original scope of work will be addressed, including costs, timelines, and approvals. Failing to adhere to these procedures can lead to disputes over additional expenses and project delays.

  3. Overlooking Payment Terms: Payment disputes are a common source of tension in construction projects, often stemming from unclear or unfair payment terms in the contract. Make sure the contract specifies the total contract price, payment schedule, and any conditions for withholding payments, such as unsatisfactory work or delays. Additionally, consider including provisions for dispute resolution mechanisms to address payment disagreements promptly.

  4. Inadequate Insurance and Indemnity Provisions: Construction projects involve inherent risks, from property damage to bodily injury, making insurance and indemnity provisions essential components of any contract. Ensure the contract adequately addresses insurance requirements for all parties involved, including general liability, workers' compensation, and property insurance. Additionally, consider including indemnity clauses to allocate responsibility for potential losses or damages arising from the project.

  5. Failure to Review Legal Terms: Finally, one of the most critical mistakes is signing a construction contract without thoroughly reviewing the legal terms and implications. Construction contracts are complex legal documents that can have significant ramifications on your rights and obligations. It's essential to seek legal guidance from a qualified construction contract attorney to review the contract and negotiate favorable terms on your behalf.

In conclusion, signing a construction contract is a significant step in any construction project, and it's essential to approach it with caution and diligence. By avoiding these common mistakes and seeking legal guidance when needed, you can protect your interests and set the stage for a successful construction venture.

If you're in need of legal assistance with your construction contract or have questions about construction law, don't hesitate to contact Hollington Law Firm, your trusted partner in construction law matters. We are here to help you navigate the complexities of construction contracts and ensure your project's success from start to finish.

The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.