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Lawyer for Construction Contracts: 7 Types Of Contracts Covered
Construction contracts are essential for any project. They protect both the client and the contractor, helping ensure everyone is on the same page throughout the process. The contract will include all your expectations for the project and any other details that need to be outlined before work begins.
Contracts are significant because they outline how two parties will work together in the future and will resolve any disputes that may arise between them. A lawyer helps you avoid problems by ensuring that your contract is unambiguous, which means that both parties understand what they agree to do.
What do you mean by a Lawyer for Construction Contracts?
A construction lawyer is a legal professional who handles building industry cases. Construction lawyers are often called upon to help clients with design defects, breach of contract, or failure to pay wages. They work with people involved in the construction process, architects, engineers, contractors, subcontractors, property owners, managers, and others.
For example, suppose you're buying a new home and have a problem with the foundation built by another company (which does not include your builder). In that case, your lawyer may be able to help you resolve this dispute so that everyone can move forward together on schedule.
What does a Lawyer for Construction Contracts do?
A lawyer for construction contracts is a specialist in the industry who helps ensure that projects are completed on time and within budget. They work with the client and contractor to ensure that the contract is fair and legally binding and that all parties understand their responsibilities.
The lawyer will review the contract before it is signed, including ensuring that all necessary documents are present and ensuring that there are no hidden costs or fees.
After a contract has been signed and a project has begun, a lawyer for construction contracts will continue to monitor its progress to ensure that everything is going smoothly. This includes sending out notices of default when needed and working with contractors to fix any problems.
A lawyer for construction contracts also works with clients during disputes between contractors or contractors and the clients themselves. They can help resolve these issues quickly, so they don’t delay the completion of projects or other tasks needed during the construction stages.
7 Types Of Contracts Covered by a Construction Lawyer
Contracts are an important part of any construction project. Many legal issues can be avoided if you have all the proper contracts before beginning your project. However, several types of contracts are particularly helpful for construction lawyers to know about because they can help you avoid potential problems during your next project.
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Cost (Plus)
A cost-plus contract is a fixed-price contract where the contractor is paid a fee plus a percentage of the cost savings he achieves. This type of contract is common when a company wants to ensure its costs are controlled, but it also doesn't want to limit the builder's flexibility to achieve those savings.
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Lump Sum
Lump sum contracts are one-time agreements with a definitive price for each task in the project, which means that you are essentially paying for all work on your project from start to finish. This type of contract is best suited for people who are confident that they know exactly what they need and how much it will cost to get it done or who have already had previous experience with similar projects.
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Piecework
Piecework contracts are agreements where payment is made based on how much the contractor has completed work within a specific period. For example, if you pay $500 per room per week, you would pay more at first while more rooms were being built and less as time went on because fewer rooms were left unfinished at any given time.
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Unit Pricing
Construction lawyers work with contractors to negotiate unit pricing contracts. These contracts specify the cost of each part of a job so that the project can be managed on an itemized basis. This is extremely helpful for managing costs since it allows for greater transparency between parties and keeps everyone accountable for their expenses.
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GMP (Guaranteed Minimum Price)
A GMP contract is essentially a combination of unit pricing and rate contracting. A contractor agrees to complete a project within a specific time and at a guaranteed minimum price. This can reduce the risk for both parties because they know exactly how much they will be paying; however, it can also be risky if there is no clear schedule or plan for completion.
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Rate
Rate contracts are generally used when multiple projects are being worked on at once. They provide fixed rates for labor and materials across all projects so that contractors know what to expect from one job to another; however, this can cause problems if there are issues between jobs (such as delays).
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Target
Target contracts are the most common type of contract used in construction. They're also the easiest to understand. Essentially just a set price for a project, and the client (that's you!) pays that price regardless of what happens.
Target contracts are significant for pretty specific projects with no major unknowns. For example, this is probably the best option if you're building a new office space or remodeling an existing one.
What are the Tips to Remember while having a Construction Lawyer?
Construction law is a specific area of the law that governs the building and construction industry. There are a lot of things you should consider when hiring a construction lawyer, but here are some tips to remember:
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Cost
The cost of their services. Construction lawyers often charge by the hour or based on a flat fee, so it's essential to know how much your case will cost before you begin working with them. This way, you won't be surprised if they ask for more money than expected at some point during your case.
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Specialization
Construction lawyers are not all the same. Some specialize in working with contractors, while others specialize in helping homeowners negotiate contracts with contractors. Make sure you know what kind of lawyer you're looking for before reaching out.
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Availability
A good construction lawyer will actively participate in your project and often be on-site at meetings or construction sites. If a lawyer isn't available when needed or if they don't go out into the field, it might be time to find another one!
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Clear Understanding
Getting help from a lawyer can establish clear lines of communication between you and other professionals involved in your project (i.e., architects and engineers). They'll also ensure that everyone involved understands their role in the project, so there are no surprises later on down the road!
Key Terms
Many terms are used in construction contracts, and it can be hard to remember them all. But here is a list of some of the most important key terms in construction contracts:
- Construction Contract Agreement: This is the agreement between the client and contractor, which defines the scope of work, time frame, and payment terms. It also lays out what happens if something goes wrong—who's responsible for what, who gets paid if there's a dispute, etc.
- Statement of Work: This specifies precisely what the contractor is being hired to do (and how), including any specifications or instructions from the client that might not be in the contract agreement itself (like building a patio with specific materials and dimensions).
- Terms and Conditions: These clauses often apply to those found in the contract agreement or statement of work (for example, hiring an electrician rather than doing it yourself).
- Contract Laws: Contract laws vary from state to state; however, most states follow common law or statute law when it comes to contracts because they're crucial for business transactions between two entities (like parties involved in real estate dealings).
Conclusion
Contracts Counsel for construction contract lawyers is ready to help you with your legal needs. Our team of professionals has the experience and expertise you need to ensure that your construction project goes off without a hitch. We're committed to providing high-quality service at an affordable price, so give us a call today!
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.