Construction Contract in the United States
Terms and Conditions
Terms and conditions may include:
- Names of the parties
- Whereas clauses
- Definitions
- Abbreviations
- Contract documents
- Contract interpretation and construction
- Description of work to be performed
- Specifications, plans, and drawings
- Contractor’s acknowledgments and representations regarding site conditions
- Independent contractor status
- Contract price
- Changes and extras
- Prosecution of the work/contractor’s responsibilities/standard of performance
- Contractor’s workforce
- Labor relations
- Contractor’s use of lands and premises
- Cleaning up
- Protection of persons and property (safety requirements)
- Materials and supplies
- Protection of material and work
- Construction schedule
- Time of completion
- Delays: Extensions of time
- Administration of the contract
- Representatives of the parties
- Duties/responsibilities of the architect
- Warranties and guaranties
- Inspection: Correction of defects
- Indemnification
- Patents
- License fees
- Insurance provided by contractor
- Insurance provided by owner
- Bonds
- Title to work
- Liens
- Subcontracts
- Assignment
- Other work
- Permits, laws, and regulations
- Compliance with owner’s environmental procedures
- Temporary suspension of work
- Termination
- Payments
- Setos
- Provisional acceptance
- Estimated quantities
- Equal employment opportunity
- Taxes
- Books and records
- Confidential information
- Survival of obligations
- Notices
- Governing law
- Dispute resolution
- Miscellaneous
- Entire agreement
- Release
- Signatures
- Acknowledgment
Contracts for work done on buyer´s preises
- The legal diferences
- Implication of these legal diferences
- How to use supplementary terms and conditions
- Arbitration
- Issues to consider when entering into contracts for work to be done on the premises
- Supplementary terms and conditions for purchase orders issued for construction, installation, or repair
work to be performed on the premises
Practical diferences between Contracts for work done on buyer´s preises and a “sale of goods”:
- Scope of the work and changes
- Work disruption
- Payment
- Occupational safety and health
- Environmental concerns
- Public liability
- Clauses concerning the behavior of the vendor’s employees, including Sexual harassment and Drug and alcohol abuse
- Termination
- Time of completion
- Subcontracts
- The warranty
- Taxes
- Ownership of the drawings
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