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In developing contract packages for the construction industry clients, I understand that contractors want to strike a balance between ensuring that they are legally protected and preserving customer relationships. Risks that cannot be taken on a complex multi-million dollar project may be worth considering on a smaller, straight-forward project where there is a new client to be gained, or a coveted market to break into for the first time. Each project has a unique risk profile. As a result, one contract does not fit all situations.
Based on these principles, contracts should be flexible, allowing clients the ability to add and subtract provisions, or to select a different form based on project complexity, size and risk profile. One of my strongest skill sets is developing custom form sets for clients. After internalizing my client’s business model using questionnaires and face-to-face meetings with key personnel, we drill down to the specific risks the client wants to control and begin drafting form options for review and comment. This process continues until the contract mirrors the client’s unique needs and preferences. The result is a well-vetted custom contract package which reflects the corporate personality of each client.
For clients with customers who prefer the security of using standard forms published by AIA, Consensus and EJCDC, I have developed my own standard modifications which reflect where the client stands in the contracting chain. Each link in the chain, whether it be the general contractor, the subcontractor or the supplier, has a distinctly different set of concerns regarding contracting risks. I have substantial experience in working with standard form contracts to address these risks from every perspective.
At times it helps to understand some of the legal concepts that affect the construction industry on a deeper level. I have collected a few articles of interest to share with you. Remember, however, that this is a general resource to assist you in understanding concepts, not legal advice on a specific matter. If you have questions about how these general concepts apply to a particular situation, I strongly urge you to contact your counsel to discuss the particulars of your situation.
