Construction contractors and Maryland developersmay encounter some common issues with the construction contract. For example, the scope of the work should be clearly defined based on contract documents in addition to specifications and drawings. The responsibility for making up for any inconsistencies in these documents, such as a different quality of material, should be that of the contractor. Any changes should be documented.
It is also important to address potential legal issues. This includes an indemnification regarding defects caused by any willful or neglectful actions of the contractor and should cover expenses such as attorneys' fees, investigative and repair costs, and damages. Owners should retain the right to consequential damages and should refuse a mutual waiver since this benefits the contractor more. There should also be a specific process for dispute resolution and arbitration.