The reality is there are no “standard” construction contracts.
Both the American Institute of Architect and the Associated General Contractors of America promulgate their recommended form contracts for construction projects. In practice, these “standard” agreements are often cut, pasted and mutilated to the point of being entirely unrecognizable to the original “form” agreement. The modification of “form” agreements poses particular challenges to the integrated nature of these standard contract documents. In most construction projects there are a number of provisions that address particular issues to construction contracting as opposed to other forms of commercial agreements. This white paper addresses the most common and recurring provisions one encounters in negotiating and litigating in the construction arena. Those common provisions include delay, liquidated and consequential damages provisions; definition of “completion” and “substantial” completion; pay-if-paid clauses; indemnity and insurance provisions and punch-list and warranty provisions.
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