Details of the parties to the contract, including any sub-contracting arrangements. duration or period of the contract. definitions of key terms used within the contract. a description of the goods and/or services that your business will receive or provide, including key deliverables.
Structure payments on a per-project basis, and require the contractor to submit invoices. Avoid salary payments, hourly payments, or any guaranteed “retainer” that is not tracked to performance. Specify the conditions for termination of the relationship—and do not make the arrangement terminable at will.
A prior breach, said Murphy, is the most common way contracts or a portion thereof are determined to be unenforceable. “If there has been a prior breach of the contract, the party who breached that contract doesn't then get to enforce the contract,” he said.
Dispute resolution clauses: These clauses are the most ignored of the 5 key clauses. This is because hope springs eternal at the start of a project and no one thinks a dispute will arise.
What to avoid in construction contracts Unclear scope of work and specifications: An ambiguous scope of work can cause misinterpretation. Missing change order procedures: Not having change order procedures is a risk as construction projects rarely go exactly ing to plan.