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A well-drafted contract can prevent litigation later on

Once a deal is made, contractors want to get started on the job. Reducing a business contract to writing often seems like an expensive detail. Sometimes, a businessman will adopt the one-size-fits-all approach and use a form agreement. In these cases, the contractor is being penny-wise and pound-foolish because a properly drafted construction agreement can help avoid contract disputes and preclude the need for expensive litigation later on.

Every construction contract is unique. Some involve unique terrain; others involve novel building techniques. Many contracts involve the use of subcontractors, and financing arrangements may vary. A knowledgeable construction attorney understands that drafting a written contract involves two essential skills: the ability to accurately describe each element of the parties' bargain and the ability to include provisions that guard against unforeseen events, such as fire, collapse, storm damage and the like.

Experienced attorneys know how agreements can fall apart. Perhaps one party's understanding of a key term is critically different from that of the other party; perhaps an important contract term was not discussed at all. Hiring a competent attorney to draft the construction contract can help insure that all relevant terms are discussed and accepted by both parties.

John R. Lobherr has practiced construction law for 30 years. He has represented both private and public parties in negotiating and drafting contracts for mid- and large-scale California construction projects. Mr. Lobherr can be counted upon to fully comprehend the client's interests and to insure that those interests are protected by the contract language. Legal fees spent on drafting a contract that is complete and unambiguous will be far less than fees spent on litigation to reform or enforce a contract that has been poorly written.

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