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Contract Negotiation

We get it.  You want to design and build, not get ‘hung up’ with contract negotiation. We put your business goals first during contract negotiations.  We do it with fair and reasonable contract terms that your clients can accept – and which protect you.  

Our contract negotiation philosophy is simple. The scope and fee ‘business deal’ should be well-documented. Insurable risks should be insured. Liability exposure should not be ‘offloaded’ to others – it should be contractually allocated to those best positioned to manage the risk. Unknowns should be identified, if possible. Thoughtful indemnity and dispute resolution clauses should tie it all together.

None of this happens by accident – or by pulling a contract form ‘off-the-shelf.’ Each project has a web of interrelated design and construction contracts. Each one must be prepared in consideration of the others. Each contract and project are unique. They all merit thoughtful consideration. Rarely is the same contract appropriate for multiple projects, even similar ones. 

Distinguishing between ‘need to have’ and ‘nice to have’ contract terms is key.  This is a client-specific and project-specific exercise. Experienced design and construction counsel can backstop your usual lawyers – and add value by asking the right questions, spotting unique risks, and addressing them with apt contract terms.

Jeremy has knowledge and experience with many contract types, from AIA Contract Documents to non-standard form agreements, and knows how to modify a wide variety of contract forms to serve the needs of each client and project:

  • Owner-Contractor Agreements.
    • Stipulated Sum / Fixed Fee
    • Cost of Work Plus a Fee With a Guaranteed Maximum Price (GMP)
    • Master Agreements
  • Construction Manager Agreements
    • CM as Advisor (CMa)
    • CM as Constructor (CMc)
    • Custom CM Agreements
  • Design Profesional Agreements
    • Owner-Architect Agreement
    • Owner-Engineer Agreement
    • Design Subconsultant Agreement
    • Design Joint Venture Agreements
    • Interior Design Agreements
    • Master Agreements
  • Design-Build Agreements
    • Owner-Design Builder Agreement
    • Design Builder-Contractor Agreement
    • Design Builder-Architect Agreements
    • Designer-Led Design-Build Agreements
  • Miscellaneous Documents
    • Sustainable Project Agreements 
    • Digital Data and Building Information Modeling (BIM) 
    • General Conditions of the Contract for Construction 
    • Furniture, Furnishings and Equipment (FF&E)
    • Performance and Payment Bonds

From template contracts for repeat use, to contract suites to govern entire projects, to much targeted advice – like a “top 10 list” of problems with a proposed contract – let us help you solve your design and construction contract challenges, big or small.

To learn more, contact Baker Law today.

Design and Construction Contract Negotiations

Negotiating Design and Construction Contracts Doesn’t Have to Be a Hassle!