I have early and very often stated that your contract is the basis for everything relating to your construction project.  Everything from “no damages for delay” clauses to attorney fees to indemnity are found in those documents.  A well drafted construction contract sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things should there be any dispute later. 

However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions.  I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again.  Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work.  Your lawyer can help you negotiate and highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim.  In short, the best contract in the world is only as good as those that are following it.  

My advice?  Keep a copy of the contract documents, and particularly the main contract that you signed, handy.  Highlight and “dogear” (if anyone even uses paper any more) the key provisions, whether notice, change orders, site conditions, or other possible pitfalls that could waive your rights to recovery or lose you money on a change order.  Be sure that your on site superintendents know of these provisions and are aware of the implications of failure to follow them.

Should you find yourself in a situation that may be tricky or that implicates one of these key contract provisions, be sure to obtain the help of an experienced Virginia construction lawyer.  We may not be able to perform masonry work, but we can certainly help you navigate a contract.

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