A building and construction contract must fulfill the same requirements as any other type of contract in regard to the following necessary elements:
" an agreement;
" between competent parties;
" based upon the genuine assent of the parties;
" supported by consideration;
" made for a lawful objective; and
" and in the form required by law.
Such a contract generally provides not only for the construction of the project, but also for many matters that are incidental to the project. Thus, it may provide for the carrying of liability, workers' compensation, and fire insurance policies, designating which party is responsible for obtaining particular insurance. A building and construction contract will typically specify the duties, responsibilities, and liabilities of each of the parties, as well as those of any employed architect or engineer. The amount and method of compensation is, of course, an important part of such a contract.
The Washington Basic Building and Construction Contract between Owner and Contractor is a legally binding agreement that outlines the terms and conditions of a construction project in the state of Washington. This contract serves as a comprehensive framework for the relationship between the owner, who wishes to construct or renovate a building, and the contractor, who will be responsible for the actual construction work. Key aspects covered in the Washington Basic Building and Construction Contract include project scope, timelines, payment terms, responsibilities of both parties, procedures for changes or modifications to the project, dispute resolution, and any other relevant details necessary for a successful construction project. Some important keywords related to this contract are: 1. Building Contract: This refers to a legally binding agreement between the owner and the contractor, defining the terms, deliverables, and responsibilities involved in a construction project. 2. Construction Contract: This term describes a contractual agreement that sets out the terms and conditions for performing construction work, including the supply of labor, materials, and equipment. 3. Owner: The individual or entity who owns the property and initiates the construction project. The owner bears the financial responsibility for the project. 4. Contractor: The party responsible for performing the construction work as specified in the contract. This could be an individual, company, or organization with expertise in building and construction. 5. Scope of Work: This refers to the detailed description of the construction project, including specifications, plans, materials, and any other requirements necessary for completion. 6. Timeline: The agreed-upon schedule for various phases of the construction project, including start and end dates, milestones, and completion deadlines. 7. Payment Terms: The terms and conditions related to payment, including the schedule, method, and amounts to be paid to the contractor for the completed work. 8. Change Orders: Procedures to initiate and manage any changes in the original scope of work, including modifications, additions, or deletions to the project. This ensures that both parties are in agreement regarding alterations to the contract. 9. Dispute Resolution: Mechanisms for resolving conflicts or disagreements that may arise during the construction project, such as mediation, arbitration, or litigation. 10. Types of Building and Construction Contracts: In addition to the Washington Basic Building and Construction Contract, other contract types may exist, such as Fixed-Price Contracts, Cost-Plus Contracts, Design-Build Contracts, and Time and Material Contracts. These contracts may have different provisions, cost structures, and levels of responsibility for each party involved. It is essential to consult with legal professionals to determine the exact terms and conditions of any Washington Basic Building and Construction Contract, as variations and nuances may exist depending on the specific project and parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
