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3. Pay if Paid
Essential Contract Terms
Paym ent by a Certain Date:
- This is the payment clause seen most often in
construction contracts between General
Contractors and Subcontractors.
Design Review:
Pay particular attention to design review clauses that may
shift the responsibility of reviewing the designs for defects
from the owner or architect to the contractor.
Shop Drawing Review:
Understand the clauses that address the scope of the
architects or engineers responsibilities in reviewing shop
drawings.
Look for clauses that address the speed at which the shop drawing
process must occur.
Keep good records of any delays by the design professionals in
reviewing your shop drawings.
Essential Contract Terms
Differing Site Conditions:
- A differing site conditions clause deals with estimating costs of
unanticipated physical site conditions such as unknown underground
conditions.
- Differing site conditions do not usually render a contract null and void
nor do they provide a basis for claiming a lack of a meeting of minds.
- 8.3.3 This Section 8.3 does not preclude recovery of damages for
delay by either party under provisions of the Contract Documents.