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By Contractors For Contractors!
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| Contractor's construction contracts pitfalls to avoid - page 10 | |
| Does
signing a contract make you feel like you're stepping off of
a cliff?? (continued
from page nine) Contract Clauses to Watch Out For in Construction Contracts 7. Wrap-up.... If the contractor states that he never enforces the clause of the construction contract that you are expressing concern about, then he shouldn't have that clause in his contract. If he refuses to remove or edit the particular clause that you are concerned about, then you should be concerned as to whether or not he plans on enforcing it. Why else would he insist on keeping the contract written as is? Something else to think about... If we subcontractors would insist on better contracts (ie: contracts that do not put the subcontractor at such risk) the general contractors would have no choice but to change the way their contracts are written! Don't feel bad though, I still accept contracts that are risky to me. I request changes and when the general contractor calls me and tells me that he does not want to change his contract (usually his reason is that my contract dollar amount does not justify the changes) I then have to decide if I want to accept the contract as is or not. Also though, I have turned down more than one job due to the riskiness of the contract because I couldn't justify putting myself at such risk for a small contract. A $2000 contract could end up costing you $10,000, $20,000, $30,000 or more. How, you ask? Because, if you end up in breach of contract and/or litigation due to a clause that you allowed to remain in the contract, it is going to cost you WAY more than the $2,000 that the contract was written for. BE CAREFUL !! BE AWARE !! BE STRONG !! when it comes to construction contracts and your own best interest!
QuickLinks: Page
One of this series on construction contracts clauses
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