How To Resolve Common Issues That Arise With A Construction Contract

Law Blog

When you are about to perform a large construction project, one of the most important parts of your project is the contract. This will determine variables such as how the project will be done and the scope of the project. However, if a dispute arises, you will want to consult with a contract litigation attorney right away.

The Scope of the Project

Your contract will determine your duties and responsibilities during the construction project. However, the client might begin to argue that there was a task that should have been performed that you did not originally agree to. 

Also, under the scope of work, the client might not be satisfied with the quality of work. For example, the client might claim that the workmanship is not at the level that the client expected. An attorney will examine the contract carefully and draft an argument for why your level of workmanship did not violate the contract.

Project Changes

Some construction contracts have a project change provision that provides a method by which the client can notify you if any changes need to be made to the project. However, you may have instead inflated the cost of the project to take into account possible changes in order. This is the most common scenario with a construction contract.

However, the client might order changes to the project that are much more expensive than you might have anticipated, and you may be forced to stop the construction project. This may lead to the client taking you to court.

Performance Issues

You may have included provisions in the contract that provide assurances that each aspect of the project will be properly funded. If you have an incident in which there is a non-payment, despite all the ways listed in the contract that you could secure monetary payment from them, you may choose to stop all work until you have been paid. At this point, the client might demand that the work be completed or might demand compensation for any financial losses suffered as a result of the delayed project.

Or, you might expand the amount of credit that is extended to the client and may perform the work required. Then the client might argue that they did not approve of the extra work that was performed. If this is the case, whether or not you had the approval to perform the extra work will likely be litigated in court. When you are taken to court, you will always want to hire a contract litigation attorney to represent you.

Contact a local contract litigation attorney near you to learn more. 

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1 November 2021

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