👉Common Contract Disputes & Their Solutions

⭐️Construction projects often face disputes related to delays, payments, quality, variations, and unclear scope.

⏺With proper documentation, timely communication, and clear contract clauses, most disputes can be prevented or resolved smoothly.


📚COMMON CONTRACT
DISPUTS

🚧1. DELAY IN WORK

📌Cause: Slow work,
late approvals.

📍Solution: Clear schedule,
regular monitoring.
EOT if valid.

🚧2. PAYMENT ISSUES

📌Cause: Late payment,
Wrong measurement

📍Solution: Joint measurements,
clear payment terms.

🚧3. VARIATION /
CHANGE ORDER
DISPUTES

📌Cause: Extra work without
approval.

📍Solution: Take written
approval before doing work.

🚧4. QUALITY
PROBLEMS

📌Cause: Poor workmanship.

📍Solution: Follow specs,
regular inspection, rework
if needed.

🚧5. DEFECTS AFTER
HANDOVER

📌Cause: Disagreement on
who is responsible.

📍Solution: Clear DLP (defect
liability period), proper.

🚧6. SCOPE OF WORK
CONFUSION

📌Cause: Contract not clear.

📍Solution: Well-defined scope,
updated drawings

@etconp

👉To prepare for a construction contract, you must include several key documents, including the agreement, general and special conditions, scope of work, drawings and specifications, and payment terms.

💫A comprehensive contract also requires documents like the bill of quantities, construction schedule, insurance information, and procedures for change orders and dispute resolution. 

🚧Core contract documents
Agreement: The formal, signed contract between the parties.

📜General conditions: Defines the rights, responsibilities, and obligations of both parties during the project.

📜Special conditions: Contains specific clauses that modify or supplement the general conditions.

❇️Scope of work (SOW): A detailed description of the services, materials, and deliverables included in the project. 

🎲Project details and specifications

⏺Drawings and specifications: The technical documents, including blueprints, that detail how the project should be built.

⏺Bill of quantities (BoQ): A list of all materials and labor with quantities for pricing.

⏺Construction schedule: Outlines the project timeline, including start and completion dates.

⏺Schedule of values: A breakdown of the total contract sum based on the different parts of the work. 

🏷Administrative and legal requirements

⏺Payment terms: Details how and when payments will be made, including the schedule of payments.

⏺Insurance: A list of all required insurance coverage, such as liability and property insurance.

⏺Change order procedures: Outlines the process for requesting, approving, and documenting any changes to the original contract.

⏺Dispute resolution: Specifies the method for resolving any disagreements that may arise.

⏺Licenses and permits: Information on who is responsible for obtaining all necessary permits and licenses.

⏺Warranties: Details the guarantees provided for the work and materials. 

@etconp

👉Contract Types

💫Lump Sum Contract

⏺In a lump sum contract, the contractor agrees to deliver the entire project for one fixed price. This gives the client a predictable total cost and simplifies administration. The downside for the client is that making changes later becomes difficult, and the contract price may include extra allowances the contractor added to cover risks. For the contractor, this setup can be profitable if they manage the work efficiently, but they also carry the highest risk because any cost overruns or mistakes come from their own pocket.

💫Cost-Plus Contract

⏺A cost-plus contract allows the client to pay the actual cost of the work along with a fee or percentage for the contractor’s services. This offers the client flexibility when the scope is not clear and gives transparency about expenses. However, the final cost remains uncertain, and the client carries most of the financial risk. For the contractor, the arrangement is comfortable because all costs are reimbursed, and their profit is guaranteed. The challenge is that it requires detailed records and offers less motivation to control costs.

💫Guaranteed Maximum Price (GMP) Contract

⏺Under a GMP contract, the contractor is reimbursed for actual costs plus a fee, but the payments cannot exceed an agreed maximum limit. This protects the client by capping the total cost while still giving some transparency. It can take more time to negotiate and may require the client to share savings. For the contractor, it provides incentives to work efficiently because savings can be shared, but they also take on some risk if costs start approaching the maximum price.

💫Unit Price Contract

⏺A unit price contract sets fixed rates for each unit of work—such as cubic meters of excavation or square meters of concrete. The client benefits by paying only for what is actually built, which is helpful when quantities are uncertain. The downside is that the final project cost is not known until measurements are complete. For the contractor, this provides payment for every measured unit, reducing risk from quantity changes. Still, it depends heavily on accurate measurement and can create challenges if productivity falls.

💫Time and Materials Contract

⏺A time-and-materials contract pays the contractor based on actual labor hours and materials used. The client gains flexibility and can start work quickly even when the scope is unclear. The drawback is the higher chance of cost escalation and the need for close supervision. Contractors face very little financial risk because they are paid for everything they use, but the arrangement usually offers limited opportunity to increase profits and may lead to disputes about efficiency.

💫Design-Build Contract

⏺A design-build contract places both design and construction responsibilities with the same contractor. This approach speeds up delivery and gives the client a single point of responsibility, which reduces coordination problems. The trade-off for the client is reduced control over the design and fewer alternative proposals to compare. For the contractor, the integrated approach offers more control and can increase profitability. However, it also brings higher risk, since the contractor is fully responsible for design accuracy and construction performance.

@etconp