A contract is defined as an offer and an acceptance supported by consideration or reciprocal assent to certain and definite propositions.  Assent may be by conduct and not just signature (Contract by Performance of Contract Implied-in-Fact). The goal of a contract in establishing rights and duties is to attempt to manage the risks that go along with the undertaking.  Very long contracts, such as are found in the public work sector, are an accumulation of events that have been anticipated as well as those that were later experienced. In drafting the contract one should think back on past experience, and forecast what could become an issue on the job.  The experience in drafting the contract is: “What happens if?”

At Daniel M. Copeland, Attorney at Law, P.A., we have the experience and knowledge necessary to assist you in identifying and addressing the possible events that you know or may anticipate that could become major issues to you in the contract.

The law is presumed to be included in the contract.  Terms may be implied or expressly stated in construction contracts.  Written contracts may be modified by the parties’ subsequent oral agreement.  Under certain circumstances a written agreement can be modified by a course of dealing, but where the contract is unambiguous it cannot be modified by the course of dealing between the parties.  The failure to read an agreement is not a defense to the agreement. Being prevented from reading the contract can be a defense to the making of a contract.

The most common forms of construction contracts are lump sum or fixed price, cost plus a fee, unit price, construction management, and integrated project development or lean construction.  Projects where there is a single source of design and construction are design/build agreements.

Drafting a construction contract for any construction, renovation or rehabilitation project is a complex process, which if not properly crafted can result in substantial cost over-runs, delays in completion and ultimately, litigation.  At Daniel M. Copeland, Attorney at Law, P.A., we have found that by taking the necessary time to discuss and understand your ultimate goal to craft a construction agreement that properly identifies and establishes the scope of work to be performed; sets the expectations of the parties and addresses how disputes are to be resolved without delaying the completion of the project.

Once you have hired our firm to handle your construction law matter, you can rest easy.  Whether through mediation, negotiation, or in the courtroom, we have the skills and resources necessary to successfully handle any construction law dispute or issue.

To set up your free telephone consultation, contact us at (904) 482-0616, or fill out the email contact form below:

Please let us know how we can help you.

Please note, all information contained herein is provided for general informational purposes only.  The information herein is not intended as legal advice and should not be relied upon as such. Different factual scenarios may yield different results.  In addition, several other factors must be considered in each individual case, and those factors can only be ascertained by speaking directly with an attorney.

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  • (904) 482-0616


  • 9310 Old Kings Road South, Suite 1501, Jacksonville, Florida 32257

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