Published by Brian L. Hill
As Director of Consulting Services for Xpera Group, Brian L. Hill connects clients to the diverse range of experts, technical specialists, tools and other resources that the firm has to offer in order to solve complex building performance issues. He is also the editor and publisher of AECforensics.com, which dissects the latest news and information impacting quality and risk management in the built environment.
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2 thoughts on “Be Wary of ?Gentlemen?s Agreements? in Construction | Construction Law Musings”
Thanks for the post of Melissa's guest post at Musings.
No problem, Chris. I know I’ve seen plenty of proof of the risk involved in not relying on a written contract. I’ve also seen too many situations where although a written contract is executed, subsequent modifications to the contract documents (change orders come to mind) are not memorialized. Often much of the pertinent information doesn’t come out until litigation is well underway in PMK (person most knowledgeable) testimony that devolves into “he said, she said” type rhetoric.
As you noted, contract is king, and in the course of construction, the contract is often a living document.
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