Pre-contract, all construction contractors and sub-contractors should fully understand the contract terms.
However – what happens pre-contract, when you are unsure of what all the detail actually means?
At Lindford Consulting, we work closely with contractors and sub-contractors, advising on pre-contract issues. Our pre-contract advice includes:
- Reviewing proposed contracts and check for amendments.
- Identifying any non-standard clauses specific to the project.
- Explaining liabilities to your business before entering into the contract.
- Negotiating on your behalf with the end-client any changes.
Most construction contracts are standard form contracts (JCT, NEC3 etc). However, invariably there are amendments to the standard form contracts that one party will want to include. This is to either safe-guard a particular interest, reduce their risk or resulting from imposition by a third party such as a lending institution.
Quite often, amendments appear in a separate document. These require cross-referencing with the standard form clause and other clauses that have an implication. This in turn may create ambiguity and confusion as to the objectives of the contract amendments.
- Do you need someone to check your contract and any amendments?
- Do you need advice on the risks and implications of those amendments?
It is critical that before you sign on the dotted line, that you seek advice from an expert. Ensure they have reviewed the contract and advised you of the contractual implications you are signing up to. Not only does it give you peace of mind for the future – it could save you time, money and costly disputes further down the project.
For many, it’s already been a long process tendering for the project so when it comes to the contract, all you want to do is sign and get ready for the job! Yet, what about the sub-clause you didn’t spot? The one where all your staff need to be DBS checked because you’re constructing a new school academy?
There may be small clauses that seem trivial. But they could cost your business money, time and ultimately the contract itself if you are unable to deliver your commitments.
Be proactive and avoid getting caught out by contract technicalities. It pays to be prepared now rather than come across nasty surprises later.
If you have a contract and need it reviewed, just call us on 01727 861 510 or email here to get an expert opinion.
Alternatively, if you have a contract in place and have a problem or dispute, our team can help resolve this for you. Head straight to our dispute resolution advice pages now.