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Essential contract clauses to defend against construction defects

On Behalf of | Feb 24, 2025 | Construction Law, Contract Law

Every construction project starts with high hopes. However, when things go wrong, it is your contract that matters most. Here is how you can protect your work through smart contract language.

Clear warranty terms

Have you experienced a bathroom renovation nightmare where the homeowner claimed the tile work was defective two years after completion? A precise warranty could have prevented that headache. Instead of promising “quality workmanship,” spell it out: “structural defects in workmanship covered for one year from completion, excluding normal wear and tear or owner modifications.”

Notice requirements

Imagine getting a call about a “major defect” that supposedly appeared six months ago. That could feel frustrating. This is why your contract should require prompt written notice of issues – say, within 30 days of discovery. This gives you a fair chance to investigate while evidence is fresh, and conditions have not worsened.

Dispute resolution steps

Nobody wants to end up in court. A well-planned dispute resolution process often resolves issues before they escalate. Consider requiring a site visit and mediation before anyone mentions the litigation.

Scope definition

Have you ever had a client say, “But I thought that was included”? Clear scope definitions are your best friend. If you are not handling the design or landscaping, say it explicitly in black and white.

Documentation requirements

Photos, inspection reports and written approvals might seem like demanding paperwork during a busy project. However, when questions arise months later, this documentation can make all the difference.

Building strong defenses

These protective clauses set clear boundaries and prevent costly disputes, going well beyond basic legal requirements. While every project brings its own unique challenges, having an experienced construction attorney review your contract can help identify potential vulnerabilities and strengthen your position from day one.

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