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Commonly Asked Questions about US Legal Contracts for Construction

A contract is a legal agreement between two or more parties in which they agree to each others rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.
Five main principles of Contract Law: Offer and acceptance, consideration, intention to create legal relations, capacity, and legality.
6 Essential Elements of a Contract Offer. Acceptance. Awareness. Consideration. Capacity. Legality.
What is the most commonly used construction contract? Lump sum contracts (also sometimes known as fixed price contracts) are usually considered the most popular type of contract when it comes to building and engineering agreements, however they do have minor differences.
Your attorney has a solid understanding of the four major elements that make up a construction contract, and can counsel you during the drafting of your contract. Scope Of Work. Change Order Provisions. Indemnification. Payment Provisions.
Here are four main construction contracts to choose from, plus their pros and cons: Lump-Sum Contracts. Cost-Plus-Fee Contracts. Guaranteed Maximum Price Contracts. Unit-Price Contracts.
To that end, before you sign anything and start working, make sure your contract has these 5 key elements. A Detailed Scope of Work. Project Cost and Payment Schedule. Construction Timeline. Change Order Process. Project Issues and Dispute Resolution.
Jackson Row. March 13, 2024. Standard forms of construction contracts are foundational documents in the construction industry, delineating the responsibilities, obligations, and rights of all parties involved in a construction project.