Construction Law

Contractors Bill Of Rights

 
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Category Construction Glossary
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