(A Contractor's Guide to Understanding Public Works Contracts Part 2 continued)
might be a good clause to negotiate, so that you agree to protect your work only while you are actively working on the project, not until the entire project is completed.
For all contractors, but particularly for subcontractors, the contract will have a sheet listing all the project plans (this is usually in the appendix). If you have enough bargaining leverage, I recommend that you cross out any sections that you did not bid on, so that you are not held responsible for sheet metal work, for example, when you only bid on the roofing. If you don’t have enough bargaining power to have the prime contractor agree to cross that out, then at least look at the specifications section very closely.
Subcontractors often make the mistake of assuming that because their bid made some exclusions, those will be included in the subcontract – they often are not, unless you request to attach a copy of your bid in the appendix to the contract. Sometimes, the client or prime contractor will incorporate some but not all of your exclusions in the subcontract, so you need to cross-check to ensure that all your exclusions have been incorporated in order to protect your scope of work.
CT: It is clearly so much more helpful to get the professional guidance and information you need before you sign a contract, rather than try to resolve issues that come up after a contract has been signed. This is a great reminder to subcontractors to avail themselves of the expertise and resources that are out there.
Contractors interested in connecting with Cathleen to learn more about her upcoming classes on understanding contracts or to find out more about working with a Construction Attorney can reach her at:
Cathleen M. Curl, Esq., Manos & Curl LLP, 700 El Camino Real,
Suite 200, Millbrae, CA 94030, telephone: 650-871-5955