Construction Contract Lawyers in Sandy, UT
The legally binding contract will set expectations for the rest of the construction project. Developing a contract before beginning the project will establish clear terms, and a schedule, and outline specific tasks to be completed. WW Partners can help contractors develop an appropriate contract or help clients understand the complex terms mentioned in a contract.
Types of Construction Contracts
For those who are not versed in the legal world, a contract may seem self-explanatory and you may feel they are all the same. If only construction contracts were that simple. Depending on the project scope, a different agreement could be more beneficial.
Many different types of contracts can be used to benefit businesses, homes, or landscaping projects. Some common construction contracts include:
- Cost-plus contract
- Design-build contract
- Guaranteed maximum price
- Lump-sum contract
- Incentive construction contract
- Integrated project delivery
- Time & materials contract
- Unit price contract
What Does A Construction Contract Entail?
Every contract type will be different and include different stipulations. Most contracts will include the contractor and customer contact information, payment, and what work will be completed. If you are not sure what to include or what to look for in a good contract, here are some common sections.
Scope of Work
A well-developed contruction contract will itemize the work that will need to be completed. It will discuss multiple steps of the process, the customer’s wishes, and how long it will take for each step to be completed. The description of the project will ensure that all parties are on the same page and that it is completed in the best way possible.
Project Timeline
Once the needs are listed and what work needs to be completed, the contract will list completion dates and overall project timeline. Delays will also be factored into the completion timeline. Laying this out in the contract can prevent confusion on project completion.
Remedies For Breach of Contract
Every party can sue the other for breach of contract. If the project is not completed, the timeline gets pushed back extensively, or a task is not completed, parties can sue for breach of contract. A breach of anything signed in the contract could result in more legal issues.
Change Orders
Change orders are very common in construction. If a contractor or customer wants to stray away from what was listed in the contract, they will need to submit another written document called a change order. This order will need to be approved and signed again by all parties before the project can move forward. All formalities in the original contract will also need to be followed.
Warranties And Defects
Contactors and manufacturers will often cover materials and workmanship under warranty. When work or materials have defects, they will replace them at no cost to the consumer. If any defects are made during the installation or in the material creation these will be discussed in the construction contract.
A solid construction contract will protect all parties involved. Going over a contract with a legal team will ensure that all your needs are met, your project is protected, and the contract is legally binding.
Why Choose WW Partners for Your Construction Contract Needs
With so many legal options available, selecting the right partner to safeguard your construction investment can be challenging. WW Partners offers a dedicated legal team that protects your interests, ensures compliance, and helps secure timely payments. In the construction and repair industry, quality and safety are critical. Our team at WW Partners specializes in construction contract law, serving a diverse range of clients and projects. We prioritize each client’s unique needs, taking the time to understand the complexities of your case fully. Schedule a consultation to see how our experienced lawyers can help make your project a success.
Client-Focused & Results-Driven
Frequently Asked Construction Contracts Questions
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What should be included in a construction contract to protect my interests?
A comprehensive construction contract should outline key details, including the project scope, timeline, payment schedule, and deliverables. Additionally, it should specify dispute resolution methods, warranties, and any applicable legal requirements. Clear definitions of each party’s responsibilities and provisions for dealing with changes or unforeseen issues are crucial to avoiding potential conflicts.
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How can I ensure that I get paid on time in a construction contract?
To secure timely payments, it’s essential to include a detailed payment schedule with specific milestones or project stages. Additionally, implementing clauses for interest on late payments and retaining the right to suspend work for non-payment can be helpful. Mechanisms like lien rights and prompt pay statutes also protect contractors and subcontractors against payment delays.
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What are common causes of disputes in construction contracts, and how can they be prevented?
Common disputes arise over project delays, scope changes, quality of work, and payment issues. To minimize these risks, include clear terms around project timelines, change orders, quality standards, and payment conditions. Adding a dispute resolution clause, such as mediation or arbitration, can provide a structured approach for handling conflicts before they escalate.
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What is a “liquidated damages” clause, and how does it impact a construction contract?
A liquidated damages clause specifies a predetermined amount that a contractor must pay if they fail to complete the project on time. This clause serves as a financial safeguard for the owner, compensating for delays without the need for lengthy legal proceedings. However, the amount must be reasonable, or it could be seen as a penalty and rendered unenforceable by courts.
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What rights do I have if unforeseen conditions or changes affect the project’s scope?
Construction contracts often include “change order” provisions to address unforeseen conditions, such as unanticipated site issues or regulatory changes. These provisions allow adjustments to the project scope, timeline, and costs while keeping the agreement legally binding. Proper documentation and prompt communication are essential for processing change orders and avoiding disputes.