Construction Contract

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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