Dispute resolution clauses: These clauses are the most ignored of the 5 key clauses. This is because hope springs eternal at the start of a project and no one thinks a dispute will arise.
The phrase “time is of the essence” means that timely performance is an essential obligation under a contract, and thus failure to perform in a timely manner amounts to a material breach of contract giving rise to the other party's right to exercise its remedies for breach.
A prior breach, said Murphy, is the most common way contracts or a portion thereof are determined to be unenforceable. “If there has been a prior breach of the contract, the party who breached that contract doesn't then get to enforce the contract,” he said.
What to avoid in construction contracts Unclear scope of work and specifications: An ambiguous scope of work can cause misinterpretation. Missing change order procedures: Not having change order procedures is a risk as construction projects rarely go exactly ing to plan.
The 7 Essential Stages of a Successful Construction Project The complexity of construction projects necessitates multiple stages to ensure that projects are carried through to completion as planned. Project conception. Planning and design. Preconstruction. Procurement. Construction. Closeout. Post-construction.