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Key Construction Contract Terms

There are many risk shifting, risk alleviating and/or risk sharing clauses that should be read carefully. Below are some of the more important ones to read first when reviewing a contract.

Most construction contracts require the contractor to submit written notice to the owner or architect within a defined period of time after an event arises causing a change in time or cost to the contact. Such notice requirements are requirements are imposed to protect the interest of the owner, who may be unaware of the causes of a particular event. Failure to provide notice may result in the waiver of the contractor’s rights. Section 4.3.2, 4.3.5 and 4.3.7 of the standard AIA A201 contract document defines the necessary steps and time frame to notify the owner of potential changes in cost or time to the contract.



John E. Clark

Clark Guldin Attorneys at Law

John E. Clark, Esq.

  • Principal at Clark Guldin, Attorneys at Law
  • Formerly general counsel of New Jersey Schools Development Authority
  • Represents real estate owners, developers, builders and designers throughout all phases of the development and construction process
  • Advises clients concerning construction of facilities for hospital and health care, colleges and universities, K-12 schools, commercial office, retail, industrial and manufacturing, and residential in both the public and private arenas
  • Represents clients concerning construction disputes, including construction claims and construction defects, involving mediation, arbitration and litigation
  • J.D. and B.A. degrees, Phi Beta Kappa, Rutgers University
  • Can be contacted at [email protected]

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