Negotiating contract t’s & c’s with an employer shouldn’t be thought of as being contractual. It’s good commercial practice.
Being able to properly negotiate your position requires that you fully understand the requirements of the contract.
Reading the contract & understanding the contract are not always the same thing. The contract can include legal terms or impose conditions which may not be explicit. There can also be case law & precedent which could affect how the contract is administered. It is therefore vital that the reviewer is experienced in this type of work.
A properly drafted contract can:
- De-risk projects as onerous clauses are mitigated;
- Reduce adversarial conduct;
- Increase the potential for commercial success;
- Improve cashflow.
Before you sign make sure that the terms are commercially acceptable to you. If not you are only storing up trouble.
Lastly, ensure that the construction team are debriefed, don’t rely on them reading the contract. You negotiated it. Make sure they fully understand their responsibilities, liabilities & obligations & that there are adequate protocols in place to ensure these are met.