Signing a construction contract knowing there are elements which are unfair & may come back to bite you later isn’t the best way to start a project.
You may say normally things works out – but what about when it doesn’t. One bad job can reek havoc on your finances which you’ve spent years building up.
Over the past few months we’ve reviewed many construction contracts for subcontractors & all attempt to push commercial risk downstream. For example:
- Excessive LAD’s
- Acceptance of site conditions (when you haven’t visited site)
- Deemed acceptance of documents (which are only available at main contractors office)
- Taking ownership of all the contractors issued documents on which your offer is based (leaving you no recourse if these are later found to be inaccurate)
- Back to back conditions (again with a document only available at the main contractors office)
These are the more obvious, common ones which you should look out for but there are many more which by their wording create condition precedents, fit for purpose, best endeavours, time is of the essence situations & many more which may be missed to the untrained eye but can create project risk.
Reviewing a contract to ensure it is fair to both parties is not being contractual. Its good business practice.