Jonathan P. Cohen, P.A.
Call (954) 462-8850
As a contractor, you’re likely prepared to face the physical nature of construction jobs. However, you might not be ready to negotiate contract terms and conditions. On one hand, you might be afraid of losing the work. On the other hand, you might not feel experienced enough or properly equipped to broker a deal successfully. Fortunately, a Fort Lauderdale construction contract negotiation attorney can walk you through the process.
When you realize that the terms and conditions of your next construction contract have financial consequences, it’s time to negotiate. As a matter of fact, negotiations are an everyday part of life.
For instance, there could be a clause in the terms that doesn’t allow damages for delays. Because of that, you won’t receive additional funds if there are delay damages. In another case, the scheduling, sequencing and duration of a project might need to be changed as obstacles arise. All of these are logical concepts that are determined at the time of preparing an estimate and submitting a bid. In either of these examples, you could have extra cash in your pocket after a successful negotiation.
There are a couple of tools that aid construction contract negotiations well. Consensus Docs 200 and 750 are resources that designate inherent risks and promote collaboration between clients, contractors and subcontractors. When you suggest using these forms, you demonstrate that you want to take a team approach to the project.
A condition bid is another option that clearly states a precondition for acceptance that all of the involved parties must mutually agree to the terms and conditions. With a condition bid, you can establish that you won’t settle for anything less than fair and equitable terms and won’t accept conditions that reallocate most risks to you. This approach also prevents you from being bullied into signing unfair, one-sided contracts.
To be profitable and successful in contract negotiations, you need someone on your side who is comfortable and equipped to represent your needs. The Law Firm of Jonathan P. Cohen, P.A. in Fort Lauderdale, Florida, specializes in state and federal construction litigation matters. Our primary goal is to protect your rights and provide expert representation. Call 954-462-8850 the next time that you need to negotiate a contract.
