For example, if a standard contract is concluded between an ordinary consumer and the seller of a multinational, the consumer is generally unable to negotiate the general terms and conditions; In fact, the company representative often does not have the authority to change the terms, even though either party to the transaction would be able to understand all the conditions in the fine print. These contracts are usually drafted by in-house lawyers who are far from where the underlying transaction of the consumer and seller takes place. In standard form, business-to-consumer contracts play an important role in efficiency in the mass distribution of goods and services. These contracts have the potential to reduce transaction costs by eliminating the need to negotiate the many details of a contract for each case where a product is sold or a service is used. However, these contracts also have the potential to deceive or abuse consumers due to the unequal bargaining power between the parties. Whether you use EAR or AGC contracts or contracts based on NAHB forms, the most important step you need to take is to read and understand the contract and make sure it doesn`t contain any clauses that you might violate on the street. Comparing contracts with each other or advising legal experts can be helpful in this regard. Sometimes another type of construction contract may also include a GMP provision. For example, a cost-plus contract could include a clause that limits the total cost to a guaranteed maximum price. This type of contract includes a total fixed price for all construction-related activities. Lump sum contracts may contain incentives or benefits in the event of early termination or may also contain penalties, called lump sum damages, in the event of late termination. Flat-rate contracts are preferred when a clear scope and a defined timetable have been reviewed and agreed.
Because EAR contracts tend to favor the owner, some contractors may not want to work with them, but contractors who deal with architectural projects usually have no problem with this. At its core, every construction contract is an agreement. You and the tenant should discuss the parameters of the project to reach a common conclusion on the best type of contract. In the end, both parties also benefit from a good contract. Changing model contracts should be approached with reluctance and caution, as it can upset the balance between risk and impact on the true objective. For more information, see Changing Clauses in Standard Construction Contract Forms. English law does not require a specific form for contracts, and therefore the conditions and ultimately the allocation of risks are the choice of the parties involved. Standard contracts (SFCs) are intended to minimize the time and cost of negotiating contracts. If you take into account the unpredictability of a particular construction project, the owner bears a significant risk with time and material contracts. This is because they are required to pay the contractor for unforeseen costs, modifications or waiting times that occur during the project and cost them more than originally anticipated.
Another option is to create your own contract that can save you money, although you should have a lawyer to review each contract before signing it. Since the owner does not pay for cost overruns, guaranteed price contracts transfer a lot of risk to contractors. Given this risk, contractors can use good cost estimating software. Order calculation is an important accounting process for any construction project, and a solid estimate minimizes risk by helping contractors avoid overcharging or underloading the owner. Time and material contracts are generally preferred if the scope of the project is unclear or has not been defined. The owner and contractor must set an agreed hourly or daily rate, including any additional costs that may arise in the construction process. The key to understanding the anatomy of a standard form construction contract is the concept of “contract documents.” You might be inclined to think of a contract as a single document signed and dated by the parties on the last page. However, if you want to understand your client`s legal obligations under a standard construction contract, you need to look at “the contract” in broader and more holistic terms. A standard form construction contract is not just a single document. It consists of many different documents and parts which, when read together, constitute the set of obligations assumed by the parties. These documents are collectively (but unimaginatively) called “contractual documents”, a term that includes not only the basic agreement between the parties, but also the terms and conditions, drawings, specifications, modifications and additions – each of which is its own separate document.