We understand that contract expectations and negotiating performance and payment provisions lay at the heart of construction contract law. Many millions of dollars may be on the line when you sign your name to a construction document; thus, having a trusting relationship and a strategic partnership with an experienced and reputable construction contract law attorney who understands the use and provisions of the construction contract drafting is as important as the equipment you use.
Our approach is simple: clarity, consistency, and common purpose are the hallmarks of prime contract agreements and subcontract agreements. We believe that if every party involved in the project has the same understanding and expectations, then problems and pitfalls are avoided and a successful project completion is just around the corner.
In order for a business to survive in today’s construction economy, it is vital that your construction contracts are current and address the pertinent issues of risk allocation, damages-for-delays, liquidated damages, project scheduling, bonding capacity, dispute resolution, and payment issues. Professionals who draft and negotiate contracts need to understand the proper use (and anticipated future use!) of paid-if-paid and paid-when-paid contract provisions. They need to understand performance issues such as delays, proper manpower, alternate supply sources, and project mobilization. The construction attorneys and paralegals at the Cobb Law Group understand every aspect of construction contracts, and we are not afraid to negotiate the tough provisions on behalf of our client. In fact, we have successfully drafted and negotiated countless construction contracts between Owners & Developers and Prime Contractors, between Owners & Developers and Design Professionals such as architects and engineers, between Prime Contractors and Subcontractors, between Subcontractors and Sub-subcontractors, and Subcontractors and Material Suppliers.
Each client’s needs and each project are unique; thus, we offer the flexibility to encourage successful projects regardless of the type of project. We regularly review and draft bid-build contracts, design-build contracts, fixed-price or lump-sum contracts, cost-plus contracts and incentive based contracts. For other clients which may have more repetitive relationships, we often draft Master Construction Agreements to negotiate many of the standard terms and general conditions (e.g., payment provisions) and then utilize work orders or project agreements for the project-specific terms (e.g., payment amount).
In addition to custom contracts, we are versed in most of the commonly-used form construction contracts. The American Institute of Architects (AIA) construction forms contain many complex contract provisions. When ConsensusDOCs and Integrated Project Delivery (IPD) Agreements are included, then the potential pitfalls substantially increase. The Cobb Law Group has an extensive practice drafting and negotiating all of these various construction documents including Owner/Architect agreements, Owner/Contractor agreements, Architect/Sub consultant agreements, and subcontractor agreements. And, we believe that careful preparation can often avoid unnecessary or expensive disputes during the construction process.
Even seemingly minor contract delays can have a significant impact on a project, so our construction lawyers work tirelessly with our clients to protect their interests. We are proud of our reputation as successful construction contract and arbitration attorneys, but we are equally proud of being known for our integrity, compassion, community service, and the personal attention we provide every client we represent.
With over 25 years of experience, our attorneys are adept at virtually every type of construction contract you may need; furthermore, due to significant focus our firm puts on construction contract and negotiation, we are constantly asked to help with contracts throughout the State of Georgia as well as in many other state. If you need construction contracts drafted, reviewed, or negotiated,we can help you.
- Arbitration & Mediation
- Bid review and preparation
- Construction performance and payment contracts, drafts and reviews
- Collections remedies
- Damage Mitigation & Resolution
- Dispute Resolution
- Owner, contractor, and subcontractor dispute negotiations
- Risk Allocation
- Surety bond legal matters
Unfortunately, when it comes to drafting and executing construction contracts in Georgia, there is no standard form, template or other master document which is appropriate for repeated used. Although standard-form construction documents can be a useful starting point, the uniqueness of each project needs to be reflected in the contract between the project owner and the general contractor as well as the in the contracts between the prime contractor and the subcontractors if your interests are to be adequately protected. In addition, your “master contracts” should be regularly reviewed by a qualified construction lawyer to ensure their compliance with changes in the law, recent court decisions and public policy. If you have not have your contracts reviewed within the past year, then its time to have your contracts reviewed.
Regardless of the size and scope of the project, general contractors and specialty subcontractors have relied upon our construction contracting attorneys to negotiate and draft all types of contracts. Our decades of experience have given us opportunity to draft, negotiate and advise on all types of contract terms including no-delay-for damage provisions, change order provisions, payments, defaults, and dispute resolution issues. In short our lawyers and staff understand the balance between your legal needs and your business goals. If you are entering into contract negotiation or if you need to draft a new contract altogether, please contact us to see how our services can help you complete a project more successfully.