The Construction Contract

Published: Oct. 8, 2021, 3:28 p.m.

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A Video Explaining 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. 

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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. 

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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.  A basic construction contract is negotiated by the parties and will be  interpreted following the normal rules of contract interpretation.  

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ZALMA OPINION  

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The construction contract is the most effective means of avoiding  disputes between the owner and the builders involved in the construction  project. Whether standardized forms are used or the agreement is  written to the specifications of the parties by an experienced  construction lawyer, the contract is essential to a successful  construction effort. 

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\\xa9 2021 \\u2013 Barry Zalma

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