construction contract terms: identify the work
TRANSCRIPT
ConstructionContract Terms:
IDENTIFYING THEWORK
IDENTIFYING THE WORK
Contracts can be daunting, especially with all theterminology being used. But before diving into anykind of construction contract, you must take the timeto get well-acquainted with the terms that will bedefined and used throughout the contract. Skimmingthrough a contract without really knowing or fullyunderstanding what is being proposed will most likelylead you towards claims and disputes that could havebeen originally avoided.
IDENTIFYING THE WORK
The first terms we will breakdown and go through is“the Work.” This is probably the most important termin a construction contract because “the Work” is whatthe contract is all about: the work being built. TheWork, in its essence, is what the owner pays the primecontractor for, what the prime contractor pays thesubcontractors for, and so forth. It may sound simpleout loud, but if the Work is not defined accurately onpaper, discrepancies and controversy can soon takeover, which can in turn delay the project.
IDENTIFYING THE WORK
A standard construction contract usually identifies theWork in one of two ways. First, the contract mayinclude a verbal description of the end product,whether it’s a building, a house, a bridge, etc. It canadd a few details such as the dimensions, but it doesnot include any drawings or graphics.
IDENTIFYING THE WORK
The other way a contract can identify the Work is torefer to a series of “design” documents, which in turnare prepared by design professionals. These documentscan be drawings, specifications, or the project’smanual, and they are designed using some kind ofidentifying data such as revision numbers, revisiondates, and alpha-numeric code.
IDENTIFYING THE WORK
Both ways of identifying the Work have strength andweaknesses. The verbal description is fast and cheap,but it may be too vague and lead to unfulfilledexpectations. The design documents, while they may bemore specific than the verbal description, they tend tochange over time due to continuous revisions.Moreover, finding the right design documents can becumbersome as these are usually spread apart anddifficult to find. Also, referencing and toggling betweenthe numerous amounts of design documents and thecontract can be mind-boggling.
IDENTIFYING THE WORK
Thankfully, today’s cutting edge technology eases theprocess of keeping design documents and contractstogether electronically. Your lead design professionalcan convert an original CADD file into a PDF documentand send it to your lawyer, who will in turn save thePDF version of the contract together with the PDFversion of the design documents.
IDENTIFYING THE WORK
Now, sending both the contract and the designdocuments electronically will save you time and money.Moreover, navigating through the voluminouspaperwork will not be as difficult given AdobeAcrobat’s “search” tool.
IDENTIFYING THE WORK
In conclusion, your best bet is to take advantage ofboth kinds of ways to identify the Work as specificallyas possible. Verbally describe it to the best of yourability and use accessible software to combine designdocuments and the contract in one convenient place.