Construction projects are complex endeavors, requiring a carefully executed plan and a series of contracts to ensure that everything runs smoothly. One of these contracts is the “special conditions of contract,” which is a document that outlines the specific terms and conditions of a construction project. These special conditions of contract are essential to ensuring that all parties involved in a construction project are on the same page and that everyone`s expectations are met.
The special conditions of contract are often appended to the main construction contract and expand upon the terms and conditions outlined in the contract`s general conditions. The special conditions of contract may include provisions that are unique to a particular project, such as specific material requirements, work schedules, or payment structures.
Here are some typical clauses that might appear in the special conditions of contract:
1. Scope of Work: This clause outlines the specific work that needs to be completed for the project. It may include details such as the materials to be used, the timeframe for completion, or any other specific requirements.
2. Change Order Process: The Change Order process outlines the process by which changes to the project scope, time, or budget will be agreed upon and executed. This clause will help avoid any confusion or misunderstandings if changes to the project arise.
3. Payment Terms: The payment terms clause outlines the payment structure for the project, including any milestones or progress payments. It may also set out any penalties for late payments.
4. Site Conditions: This clause outlines any special site conditions that must be taken into account during the construction process. For example, if the ground is unstable or if there are hazardous materials on the site.
5. Warranty and Guarantees: This clause outlines the warranty or guarantee for the work performed. It may include the duration of the warranty, what it covers, and any exclusions.
6. Liquidated Damages: In some cases, the parties may agree to a liquidated damages clause, which sets out the amount of damages to be paid if the project is not completed on time.
In conclusion, special conditions of contract are an essential component of construction projects. They provide clarity and structure to all parties involved and ensure that everyone`s expectations are met. As construction projects vary widely in scope and size, it is critical to ensure that the special conditions of contract are tailored to the specific project at hand. Failure to do so may lead to confusion, misunderstandings, and possibly legal disputes. It is therefore crucial to engage the services of an experienced construction lawyer who can draft the contracts and ensure that everyone involved in the project is protected.