Terms that drive later disputes
Most construction disputes trace back to a few contract areas: a scope of work that was never pinned down, a change order process that nobody followed, payments tied to vague milestones, and delay provisions that do not say who bears the cost. The pricing structure, whether a fixed price, cost-plus, or a guaranteed maximum price, shifts risk differently between owner and contractor. Insurance and indemnification clauses determine who covers injuries and property damage on site. Dispute resolution terms, including mediation or arbitration requirements, decide where a fight would be heard. Industry standard forms are widely used, but they are often modified, and the modifications matter.
Residential work and New York rules
Home improvement work in New York comes with its own requirements for written contracts, and contractors may need a license from New York City or certain counties to do it. Homeowners should confirm licensing before signing and keep a copy of the contract and every change in writing. Contractors and suppliers have lien rights for unpaid work, but those rights depend on following procedures within set deadlines. Commercial projects often include retainage and clauses tying a subcontractor's payment to the owner's payment, and New York courts treat the different versions of those clauses differently. Before signing, collect the drawings, specifications, bids, schedules, and insurance certificates the agreement refers to.
Reviewing the draft
Given the draft or form you have, we mark where the risk sits for your side and suggest changes that are realistic to request. For owners, we look at scope clarity, schedule, warranties, and termination rights. For contractors, we focus on payment security, change order procedures, and limits on liability for delay. If a dispute has already begun under a signed agreement, we look at the notice provisions, since many contracts require written notice of claims or delays within a short time. Bringing the full contract, including attachments and referenced documents, keeps the review complete.
