Explaining the Construction Contract

Published: April 28, 2021, 2:31 p.m.

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The Construction Contract

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https://zalma.com/blog

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When a construction contract, like every other contract, is unambiguous,  the parties\\u2019 intent may be determined from the contract alone, and it  is the duty of the court\\u2014not the jury\\u2014to state its meaning.  Construction contracts are governed by the same rules as all other  contracts. When a court is called upon to interpret a construction  contract its terms are given their ordinary and generally accepted  meaning with the court working to give effect to the intent of the  parties to the contract unless the contract itself gives special meaning  to the contract.  A construction contract should always be written. It should, like all  other contracts, set forth in detail the duties and obligations of the  parties to the contract. It should communicate the scope of work to be  rendered and the extent to which each party is involved in the differing  aspects of the project.  Contracts serve as means of documenting the services and assets to be  exchanged during the course of a project. The contract is important not  only to finalize the deal in the minds of the parties to the  construction project, but also to help define the performance of the  work and may even determine who bears the tax burden.  \\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost  equally for insurers and policyholders. He also serves as an arbitrator  or mediator for insurance related disputes. He practiced law in  California for more than 44 years as an insurance coverage and claims  handling lawyer and more than 52 years in the insurance business. He is  available at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4

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