Insight to the Myriad of Causes of Conflict Arising from the Drawings & Specifications
It is frequently stated that a contract speaks for itself. Answers regarding contract interpretation should be found within the four corners of the contract. If a contract is ambiguous, it may be necessary to rely on extrinsic evidence. If not, rely on the express language of the contract.
Contract interpretation is one of the more interesting subjects in day-to-day project management. Every construction project is a unique design accompanied by a unique set of contract documents. Design is limited—or should we say “unlimited”—only by the imagination of the designer. So it is natural that the development of the specifications and drawings comprising the contract documents will give rise to questions and conflicts.
This webinar was very informative. .. it was full in content.
Great explanation of specifics vs. intent of the contract and how it is generally interpreted by a reasonable 3rd party.
West Sacramento, California
Construction attorney Brian Bennett aptly dives into this fascinating topic, providing examples and methods developed over the years to help the contracting parties interpret contract documents and resolve disputed items.
This important session will:
- Introduce you to the rules of contract interpretation
- Examine defective specifications and their implications, including suitability of methods or material, possibility vs. practicality, cardinal changes and failure to disclose knowledge
- Help you understand the duty to seek clarification and the “zone of reasonableness” in determining the confidence level of your interpretation of contract clauses and drawings
- Review other duties and obligations of both the contractor and owner necessary to deal with discrepancies and the need for changes
- And much, much more!
“In order to avoid disputes, you want to first of all anticipate the areas of [potential] dispute so that you can try [to] write into the contract what you want done in case an issue of that nature arises,” says Roy Mitchell, Construction Claims Expert, noting that the advice applies not only to architects and engineers but also to contractors.
Who Will Benefit?
This recorded webinar is a must if you're a design professional, engineer, architect, owner, contractor, subcontractor or attorney.
Order today to learn do's and don'ts of interpreting drawings and specifications to steer your project to success!
This event features key insights from our knowledgeable construction expert:
Brian W. Bennett is a partner with the firm of Page, Eichenblatt & Bennett, P.A. in Orlando Florida. He is Florida Bar Board Certified in Construction Law and has represented various participants in the construction process, including owners, general contractors, design professionals, and major subcontractors. He had several years of practical experience in civil engineering and general construction prior to attending law school. Brian’s civil engineering experience includes the design of sanitary sewer, water distribution, and storm drainage systems for various residential and commercial developments.