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Abstract
Many trade and professional associations have developed form agreements. These documents, however, often reflect a special interest or one sided approach. Some cause only trouble for the uninitiated who throw caution to the wind and execute them simply because they are printed and therfore "blessed". Some industry developed agreements, usually finalized after months of give and take among divergent interests, please all for the sake of order and, in doing so, protect none. Contractors, subcontractors, material suppliers and their attorneys have, for decades, fought the battle of the forms. Our mission here, and the object of this boodk, is to depart from the traditional blank formbook, and to make the drafter knowledgeable by setting forth the specific forms we use. Where standard industry forms are used, we explain how and why they are modified. For educational purposes we write as advocates - Mr. Simon writes as if he were representing the contractor; Mr. Stokes the subcontractor; and Mr. Cushman as the advocate of the contractor or supplier attempting to secure and obtain payment. By writing in this fashion we hope to make the reader aware of the problem areas in construction documents and of recommended modifications to call for during construction agreement negotiations.
Many trade and professional associations have developed form agreements. These documents, however, often reflect a special interest or one sided approach. Some cause only trouble for the uninitiated who throw caution to the wind and execute them simply because they are printed and therfore "blessed". Some industry developed agreements, usually finalized after months of give and take among divergent interests, please all for the sake of order and, in doing so, protect none. Contractors, subcontractors, material suppliers and their attorneys have, for decades, fought the battle of the forms. Our mission here, and the object of this boodk, is to depart from the traditional blank formbook, and to make the drafter knowledgeable by setting forth the specific forms we use. Where standard industry forms are used, we explain how and why they are modified. For educational purposes we write as advocates - Mr. Simon writes as if he were representing the contractor; Mr. Stokes the subcontractor; and Mr. Cushman as the advocate of the contractor or supplier attempting to secure and obtain payment. By writing in this fashion we hope to make the reader aware of the problem areas in construction documents and of recommended modifications to call for during construction agreement negotiations.
Date
0/1979
0/1979
Author(s)
Robert cushman; Michael Simon; Stokes McNeill
Robert cushman; Michael Simon; Stokes McNeill
Page(s)
380
380
Keyword(s)
agreements; forms; contracts
agreements; forms; contracts