There are many blogs on this website relating to construction contract law. These relate to the interpretation, definition of words or clauses, the creation/review/amendment of precedent or the risks of ambiguity within contracts.
As a subcontractor you are experts in your field – you are continually increasing your experience & knowledge in your trade.
Expertise comes from knowledge & experience.
Ask yourself the following question:
- Are you keeping upto date with construction contract law? Probably not.
- Is a large part of your working life dealing with contractual issues? Hopefully not!
When we’re called in to resolve an issue, in a majority of the cases the subcontract is the root cause, either:
The rules weren’t followed, or;
- There are unfair onerous clauses.
- In either case the situation could have been avoided.
Had someone with expertise in contract reviewed the document they could have:
- Put in place strategies to ensure the rules are followed;
- Negotiated out the unfair onerous clauses.
Doing so will:
- Reduce project risk;
- Can increase cashflow / margin;
- Reduce adversarial behavior.
Be truthful with yourself, if you don’t have the expertise find someone who does.