The Construction Contract

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When a construction contract, like every other contract, is unambiguous, the parties’ intent may be determined from the contract alone, and it is the duty of the court—not the jury—to state its meaning.

Construction contracts are governed by the same rules as all other contracts. When a court is called upon to interpret a construction contract its terms are given their ordinary and generally accepted meaning with the court working to give effect to the intent of the parties to the contract unless the contract itself gives special meaning to the contract.

A construction contract should always be written. It should, like all other contracts, set forth in detail the duties and obligations of the parties to the contract. It should communicate the scope of work to be rendered and the extent to which each party is involved in the differing aspects of the project.