Construction Contract Drafting & Review

A copied contract can create expensive problems. A tailored contract can create leverage.

A construction contract should do more than describe the work and price. It should clearly define scope, payment terms, retainage, change order procedures, schedule obligations, delay rights, dispute resolution, termination procedures, insurance requirements, indemnity, warranties, lien rights, and attorney’s fee provisions. Contracts are not one size fits all. Using a form pulled from the internet or copied from another project can create risk because it may not match how your company actually operates. A properly tailored contract can provide both protection and a competitive advantage.

Many Florida construction disputes happen because the contract is vague, incomplete, copied from another project, or inconsistent with how the parties actually perform the work. A strong contract can reduce confusion before work begins and improve leverage if a dispute arises later.

Certain provisions require particular attention. A right to stop work clause is critical. Without it, the contract may require continued performance even if payment issues arise.

Arbitration clauses should be evaluated in light of the type of work and the likelihood of bringing or defending claims. Roofing and disaster mitigation contractors are frequently hired in urgent situations where payment may be uncertain, making them more likely to pursue claims and less suited for arbitration clauses. By contrast, contractors performing discretionary or luxury work, such as pool construction, are more likely to face claims over workmanship and may prefer arbitration.

Arbitration changes how disputes are resolved and who pays to resolve them. It can discourage litigation because it functions like hiring a private judge and paying by the hour, and discovery rights are typically more limited.

Indemnity clauses should also be reviewed carefully. If drafted too broadly, they may create contractual liability that is excluded from coverage under standard insurance policies.

Montesino Law reviews, drafts, and negotiates construction contracts for contractors, subcontractors, suppliers, and property owners. Contract review is especially important before signing a major private project, public subcontract, design-build agreement, cost-plus agreement, repair contract, or subcontract with strict notice and claim procedures.

Construction contract drafting also connects directly to Change Orders, Breach of Construction Contract, Delay Claims, Florida Construction Lien Law, and Payment Bond Claims. If payment becomes disputed, the contract will often determine what can be recovered and how.