Contract Negotiating

Metcalf and Spitler routinely advise clients in risk mitigation through contract negotiating, drafting and revision. Contract documents form the foundation of any construction project. Poorly drafted language or one sided provisions can give rise to a dispute, leave a party without adequate remedies, or expose a party to significant risk even beyond its involvement in a project. Well-drafted contracts reduce disputes, equalize the playing field, and foster efficient resolution in the event that a dispute arises.

In addition to real world construction industry experience, we have more than 40 years of combined experience litigating construction related negligence, contract, and lien and bond claims, and understand the impact that certain types of contract clauses have on a client’s business and on the strength of its claims or defenses. We evaluate a client’s contract from both a business and pre-litigation perspective and work to advise the client regarding alternative contract language or those terms in the contract that require special attention to best protect the client’s interests.  With the real world industry experience to anticipate the problematic scenarios that may arise in the contract negotiation process, we are able to strengthen the client’s position in carrying out the contract or in the dispute resolution process.