Construction contracts have a lot of boilerplate language on price, scope of work, indemnification, venue and attorneys’ fees to be skimmed, signed and ignored until a problem arises. But inevitably there will usually be a few provisions specifically worded to address certain problems—maybe an acknowledgment by the owner about noise levels associated with the project or a provision about protecting the landscaping or entrance. Contractors have names for those provisions such as the Owner’s-Deposits-Are-Nonrefundable provision or the XYZ Co.-Access-To-Property clause.
These provisions are usually born from a negative experience with an owner. As Randal Graves said in Clerks, "this job would be great if it wasn’t for the customers," and while that can sometimes be true, there are a lot of ways to manage owners and their expectations through a contract. By including provisions that provide direction and requirements for owners (and their representatives), it is possible to reduce the ability of an owner to delay a project, withhold payment or otherwise interfere with construction.
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