When should you let your attorney see a construction contract?

When should you let your attorney see a construction contract?

• A. Before the contract is prepared.
• B. After the contract is prepared, but before it is signed.
• C. After it is signed.
• D. Only if negotiations fail.

Answer: (B)

The important idea is to involve legal counsel during the drafting and negotiation stage so you don’t commit to terms that aren’t in your best interests. The best time to have your attorney review is after the contract is prepared, but before you sign it. At this point, you can verify that the language truly reflects what you and the other party agreed to, identify ambiguous or risky provisions, and negotiate necessary changes. Doing this before signing helps you avoid being bound by unfavorable terms, broad indemnities, vague deadlines, improper change-order procedures, or improper lien and payment provisions. If you wait until after you’ve signed, or only bring in counsel once negotiations break down, you lose leverage to make meaningful changes and may face costly disputes or compliance issues.

The important idea is to involve legal counsel during the drafting and negotiation stage so you don’t commit to terms that aren’t in your best interests. The best time to have your attorney review is after the contract is prepared, but before you sign it. At this point, you can verify that the language truly reflects what you and the other party agreed to, identify ambiguous or risky provisions, and negotiate necessary changes. Doing this before signing helps you avoid being bound by unfavorable terms, broad indemnities, vague deadlines, improper change-order procedures, or improper lien and payment provisions. If you wait until after you’ve signed, or only bring in counsel once negotiations break down, you lose leverage to make meaningful changes and may face costly disputes or compliance issues.