What Should Every Construction Contract Actually Cover?
A construction contract should clearly address payment terms and schedule, the process for change orders, how delays are handled, and what happens if work doesn’t meet agreed specifications — gaps in any of these areas are where most on-site disputes originate. Owners, general contractors, and subcontractors each face different risks on a project, so the protections a contract needs depend on which role you’re in. A contract drafted for a straightforward residential job may be missing provisions that a larger commercial project requires.
What we actually do
- Draft contracts for owners, general contractors, and subcontractors
- Review contracts before you sign to identify missing or unfavorable terms
- Draft change order provisions that prevent scope disputes mid-project
- Address delay, defect, and payment terms specific to your project
- Negotiate contract terms directly with the other party
What to expect
We start by identifying your role in the project and the specific risks that role carries. From there, we draft or review the contract to make sure payment terms, change order procedures, delay provisions, and defect remedies are clearly addressed. For contracts you didn’t draft, we flag terms that could leave you exposed before you sign.
Frequently asked questions
What is a change order, and why does it matter?
A change order documents a modification to the original scope of work, including any adjustment to price or schedule. Without a clear change order process, scope changes can lead to disputes over what was actually agreed to.
Who is responsible if a project runs over schedule?
It depends on the cause of the delay and what the contract specifies about delay claims, extensions of time, and liquidated damages. A well-drafted contract assigns this risk in advance rather than leaving it to be argued after the fact.
What happens if the completed work doesn’t meet specifications?
Remedies depend on the contract’s defect and warranty provisions, which should specify the process for correction, and in some cases, financial remedies if correction isn’t possible.
Do subcontractors need a different type of contract than general contractors?
Yes. Subcontractor agreements need to address payment flow-down from the general contractor, indemnification, and how disputes with the owner affect the subcontractor’s rights.
We draft and review construction contracts for owners, contractors, and subcontractors throughout Lynchburg, Forest, and Central Virginia.