In the world of construction and real estate development, contracts are not just paperwork—they are the foundation that can either protect your investment or open the door to costly disputes. A well-drafted construction contract is a roadmap that defines responsibilities, timelines, deliverables, and the legal remedies available if things go wrong.
At Stryker Slev Law Group, we’ve spent decades handling complex construction and commercial real estate cases across San Diego, Los Angeles, and throughout Southern California. As one of the oldest and most respected firms in the region, we take pride in approaching every case—and every contract—the smart way.
Whether you’re a developer, contractor, architect, or investor, understanding the fundamentals of construction contracts can help you avoid litigation, protect your finances, and ensure your project stays on track.
1. The Importance of Clear Terms
One of the biggest mistakes parties make in a construction agreement is relying on vague or generic language. Ambiguities in scope, payment schedules, or performance standards can become flashpoints for conflict.
Key tip: Make sure every detail is spelled out—from materials and labor timelines to change order procedures. If it’s not in writing, don’t assume it’s enforceable.
2. Scope of Work and Deliverables
A strong construction contract begins with a clearly defined scope of work. This section outlines exactly what will be done, by whom, and in what order. It should include detailed plans, specs, and any exclusions to avoid misunderstandings later.
Why it matters: Without a detailed scope, it’s difficult to hold contractors accountable—or to prevent them from arguing that something was “outside” their obligations.
3. Payment Structure and Timing
Disputes over payments are one of the most common legal issues in construction. Contracts must clearly outline how and when payments will be made—lump sum, progress payments, cost-plus, or time and materials.
Things to include:
- Payment milestones or triggers
- Retainage amounts
- Penalties for late payments or non-performance
Setting clear financial expectations early on is key to avoiding future legal action.
4. Change Orders and Modifications
Projects evolve—and construction contracts must account for that. A strong agreement should include a change order clause that defines how alterations to the scope, cost, or timeline must be documented and approved.
Risk: If changes are made without proper written documentation, disputes are almost guaranteed.
5. Delays and Force Majeure
In Southern California, delays can be caused by anything from weather and supply chain disruptions to permit issues and labor shortages. Contracts should include force majeure clauses and clear terms for delay claims, including who bears the financial risk.
6. Insurance and Indemnity Requirements
Insurance and indemnity provisions protect both parties from unforeseen liabilities. From general liability insurance to builder’s risk coverage, construction contracts must lay out what insurance each party must carry—and what happens in the event of damage or injury.
Pro tip: Be sure to include indemnification language that shifts liability away from you if a subcontractor causes damage or injury.
7. Dispute Resolution Clauses
Even the most carefully drafted contracts can lead to disputes. That’s why every construction contract should include a dispute resolution clause outlining whether issues will be resolved through mediation, arbitration, or litigation.
At Stryker Slev Law Group, we often advise clients to consider alternative dispute resolution (ADR) options that save time and money while protecting legal rights.
8. Termination and Default Provisions
If things go wrong, how can you exit the contract? Termination clauses should cover both for-cause and without-cause scenarios. Default provisions define what counts as a breach and what remedies are available.
Warning: Without these clauses, your ability to walk away—or recover damages—may be limited.
9. Warranties and Guarantees
Does your contractor guarantee the quality of their work? How long are materials or workmanship covered after completion? Contracts should specify express warranties and define any statutory warranties that apply.
These provisions give you recourse if defects or failures occur post-construction.
10. Compliance with State and Local Laws
Construction contracts in California must comply with a variety of state and local regulations, including contractor licensing laws, lien rights, and building codes. One mistake here can render your contract unenforceable or subject you to regulatory penalties.
Smart move: Have your contract reviewed by a qualified legal team with experience in California construction law.
How we can help
At Stryker Slev Law Group, we don’t believe in cookie-cutter contracts. We believe in smart, strategic, and custom legal solutions that match the complexity of your construction or real estate deal. Whether you’re building a commercial development in San Diego or navigating a dispute in Los Angeles, we bring decades of high-level experience to protect your interests from the ground up.
As one of Southern California’s premier firms for construction defect and commercial real estate law, we work closely with developers, contractors, and property owners to draft, negotiate, and enforce construction contracts the smart way.
Let’s ensure your project starts—and finishes—on solid legal ground.
