LEGAL NEWS

Should I have An Attorney Review This General Contract?

A typical homeowner question: “Should I have An Attorney Review This General Contract?”  The simple answer, yes.  Given the relative amount of money you may spend having an attorney review your contract with your contractor, could save you thousands down the line.  There are nuances in the law, particularity relating to construction contracts, that the end consumer does not have knowledge of.  Also, contractors may try and incorporate language that removes the applicability of certain laws governing how and when the contractor is paid, or even reducing your time as the property owner to file a lawsuit for any issues related to the contractors’ work.  There could also be clauses that require you to resolve disputes in a non-judicial forum, such as arbitration (which is faster than Superior Court, but the filing fee can be quite high).   Even subcontractors should have an attorney review contracts their general contractor submits to them. Remember that a unsigned contract is nothing more than an offer or proposal to enter into an agreement.

Whether you have an attorney review this general contract, remember, that there is nothing that prohibits the offeree from negotiating a change in the proposed terms. Meaning read it, and if there is something you want to change, propose the change.   If in fact you run into a contractor who refuses or is not willing to negotiate the proposed terms, this should cause you pause.  First it is an indication of how your relationship with this party will go throughout the project.  It is also an other reason why you should have an attorney review this general contract.

So again the answer to “Should I have An Attorney Review This General Contract?”  Yes.

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