
Construction Legal Made Easy Trust Your Gut, Chapter Four: Avoiding $10,000 Mistakes - Tales from the Contractor's Legal Toolbox
Many contractors mistakenly believe a scope of work alone is enough to protect their interests. In this episode, Karalynn reads from chapter four of her latest book Trust Your Gut, and explains that unclear or incomplete scopes lead to costly disputes and unpaid work. Clarity and detail are the keys to setting the right expectations. A comprehensive contract is your real safeguard in the construction business.
Key Takeaways
1. A scope of work is not the same as a contract. While the scope sets out what will be done, a full contract should include additional provisions that protect all parties. Relying solely on a scope of work can lead to misunderstandings and disputes.
2. The more detailed and explicit the scope of work, the less room there is for confusion. Clearly itemizing each component helps ensure both contractor and client share an understanding, fostering trust and reducing the likelihood of conflict.
3. Without a well-documented scope of work, disputes often hinge on credibility rather than facts, and contractors are at a disadvantage in court. A clear scope acts as protection by eliminating ambiguity about what was agreed upon.
4. Contractors are not entitled to payment for work performed outside the agreed scope unless it's formally documented through a change order. Doing extra work without it means you may not get paid.
5. For projects requiring permits, having a separate design contract helps clarify the real scope (after permits are approved) and ensures compensation for preliminary work. This two-step process protects contractors from surprises and unreimbursed effort.
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