Construction companies live and die based on their contracts. These contracts are most often between the construction firm and the client, but they also exist with contractors, suppliers, and other entities as well. All contracts must be written in a way that is easy to understand and are legally enforceable in the state of Florida. To help ensure your contracts will provide you with the legal protection you need, make sure you understand the following tips.
Use Clear Language
Legal contracts aren’t well-known for using common language that everyone will understand. While some “legalese” is sometimes necessary, the bulk of a construction contract should be written in a clear, easy to understand way. This will help avoid confusion from either party, which could be grounds for contesting it in court.
Quality of the Work & Materials
In the construction industry, perhaps more than any other industry, there is a huge range of quality for just about everything. You can’t have a construction contract that states that you will install kitchen countertops as part of the contract because that is far too vague. You must identify the exact quality of the work and material that will be used. There is a huge difference between basic entry level countertops and granite, so never leave these things unclear in your contracts.
How Conflicts Will be Solved
There are times when it is impossible to avoid miscommunications or misunderstandings. These types of issues can lead to serious conflicts, which all too often end up in court. If, however, you include specific conflict remediation steps in your contract, most legal problems can be avoided. For example, if you add in a clause that says all conflicts must go through third-party mediation before legal action can be taken, it will give you a chance to clear things up and get back to work.
Process for Modifications
For major construction jobs, it is quite common that changes and modifications will need to be made. The company hiring the contractors may change their mind on some aspect of the job, or the contractor may find that certain supplies aren’t available. Adding the process by which these modifications can be made (and details on how any prices will be adjusted) can help avoid serious conflicts as the job progresses.
Work with an Experienced Construction Law Firm
Working with a law firm that has extensive experience in the construction industry can help you to ensure your contract is strong and effective. Our team has been helping construction businesses throughout Florida for years, and we are ready to work with you too. Contact FCLG to schedule a consultation and get us started drafting up your construction contract right away.
