McNaughton & Associates, PLLC
Imagine a Law Firm Where the Focus is You. Done.
McNaughton & Associates, PLLC
Imagine a Law Firm Where the Focus is You. Done.
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McNaughton & Associates


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Beware of Standard Contracts

Beware of Standard ContractsCompanies who engage in multiple business projects like to use standard construction contracts. Also called “contracts of adhesion” or contracts containing “boilerplate,” these are carefully drafted in advance by teams of lawyers. They strongly favor the party that drafts the contract, sometimes to the extreme. A standard construction contract carries the implication of “take it or leave it.”

You may feel you are in an unfair bargaining position with a larger company or in a poor position to negotiate. Consult McNaughton & Associates. We can quickly review the contract and advise you of the dangers.

Construction contracts typically contain fine print, specialized terminology, cross-references to other documents or clauses in the contract itself. Let us translate the jargon for you.

There is at least one legitimate reason for standard construction contracts: speed. The contract is pre-drafted, and they hope you will sign without delay.

An illegitimate reason for a standard contract: deliberately confusing you. The drafter would love to tire you out until you say “Okay, I’d rather sign it than read it. I don’t have time.” Our firm’s work can be quick enough to avoid their excuse that time is of the essence. We can revise the contract quickly and propose reasonable changes.

Generally, the law favors the party who did not draft the contract and was therefore at a disadvantage. But, why go to court on a construction contract dispute if you can get a better contract to begin with? Contact us online or by telephone at 704-841-8772 to speak with an experienced construction attorney.

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