Construction Law

Contractors Bill Of Rights

 
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The bill of rights that follows, are those rights in construction law that every
contractor should be entitled to and which enlightened owners will recognize as
being in their long term interest as well.

1. Contractor has a right to a complete, clear scope of services without known
omissions.

2.In
construction law, the Contractor has a right to realistic and achievable
quality and performance standards consistent with project function and available
industry capability.

3. Contractor has a right to a schedule reflective of general market conditions,
owner or 3rd party controlled constraints, safe working practices, and required
means and methods.

4. Contractor has a right to a shared risk register that is a comprehensive
summary of all risks which may affect the contractor’s ability to perform. The
shared risk register should allocate risks to the party best able to manage the
risks. Risks must be adequately considered with respect to likelihood of
occurrence, severity of impact on cost and schedule, and available mitigation
strategies. Risks traditionally not considered (interface risk, disruption) must be
reflected and priced.

5. In
construction law,Contractor has a right to fair compensation which
considers the completeness of scope, quality and performance standards,
schedule and the ability to control it, risks assumed, and a reasonable profit.
Reasonable profit should reflect the company’s and industry’s need to
continuously invest in training and innovation as well as the overall risk profile of
the industry.

6. Contractor has a right to a well-constructed contract, drafted without hidden
traps, unreasonable procedural hurdles, hair-trigger forfeiture provisions, or
substantive rights and remedies hidden in definitions or in multiple layers of
cross-references and exhibits.  

7. In
construction law,Contractor has a right to timely payment. Contractor’s
role is not to act as a funding source for the owner’s project.

8. Contractor has a right to complete payment. Contract mechanisms for any
disputed amounts must be respected and arbitrary “deducts” not made without
the benefit of these processes.

9. Contractor has a right to timely resolution and approval of all change orders
and requests for extras. Contractor’s efficient sequence of work is affected by
events outside of his control and he should not be delayed in remedy merely
through his encountering of unanticipated situations outside of his control.

10. Contractor has a right in
construction law,to timely resolution of all
disputes through a fair and neutral determination by a third party.

11. Contractor has a right to a reasonable warranty period consistent with form,
function and industry practice.

12. Contractor has a right to cure any defects in his workmanship within a
reasonable period of time.

13. Contractor has a right to limit his liabilities in
construction law,to only those
things directly within his control and with a clear recognition that consequential
damages are outside Contractor’s ability to control or effectively price.

14. Contractor has a right to timely feedback on his performance including any
potential areas of dispute.

15. Contractor has a right to expect the owner to be committed in word and deed
to a safe work place.

16. In
construction law,Contractor has a right to be treated as a professional
when he brings to the owner’s attention items of concern with respect to the
owner’s organization, 3rd parties engaged by owner or the overall condition of
the project. The messenger should not be killed for delivering bad news.

17. Contractor has a right to a final written overall assessment of his
performance and the final as built facility, and the right to use such assessments
with other prospective clients.
Contractors Bill Of Rights