Quote On Construction Contracts, Damages, and Claims
While researching damages for breach of a construction contract yesterday morning, I saw the paragraph below in Construction Litigation, published by the Illinois Institute for Continuing Legal Education. I showed it to a colleague. He though it hit the mark. So did I. So here it is to see if you agree with us......
[Regarding damages] it should be noted at the outset that nothing is of greater value or greater detriment in litigating such issues than a well-drafted construction contract. Too often the parties use a standard American Institute of Architects form, ignoring the fact that such forms are created by architects and are designed to shield the architect from responsibility and spread such liability elsewhere. The fact that the preprinted form looks authoritative and reduces the work necessary to create an agreement should never induce the owner or the contractor to use the form as it stands. Certainly, it provides a starting point, but for the owner or contractor, it should be nothing more than that. An attorney representing the owner or the contractor should amend, extend, curtail, eliminate, or add to such a form until the client's interests are properly protected.
- - Lorence H. Slutzky
Construction Law Today is a legal blog about construction contracts, disputes, finance, and the people whose job it is to deal with them.
