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A video explaining the formation and interpretation of the construction contract



See the full video at https://youtu.be/ysOd9gGLbvk Chapter19659002 ?? When a construction contract, like all other contracts, is unambiguous, the intention of the parties can be determined on the basis of the contract, and it is the duty of the court – not the jury – to state its opinion. [ Peterson v Continental Boiler Works, Inc. 783 SW2d 896, 901 (Mo. banc 1990).]

Constru ction agreements are governed by the same rules as all other contracts. When a court is called upon to interpret a construction contract, its terms take on their usual and generally accepted meaning with the court working to enforce the intent of the parties to the contract unless the contract itself gives special meaning to the contract. [19659002] A construction contract must always be written. It should, like all other contracts, set out in detail the tasks and obligations of the parties. It should communicate the scope of the work to be carried out and the extent to which each party is involved in the various aspects of the project.

Contract serves as a document to document the services and assets to be exchanged during the project. The contract is important, not only to complete the deal in the parties to the construction project, but also to define the performance of the work and can even determine who bears the tax burden.

A basic construction contract is negotiated by the parties and will be interpreted according to the normal rules for interpreting contracts.


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims management, bad faith insurance and insurance fraud almost equally for policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and attorney handling attorney and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following libraries with books and other materials to enable insurance companies and their claims personnel to become insured.

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