The construction process works best when all parties know and understand their relative roles and expectations from the beginning of the project. The construction contracts between and among the parties are the best means by which to record these understandings. The Kitch firm, on behalf of developers, owners, contractors and designers, has been involved in selecting appropriate project delivery methods and drafting the contract documents reflecting the obligations and objectives of each party. This includes preparing custom contracts as well as modifying the various industry "standard" form contracts from the American Institute of Architects, the Associated General Contractors and the Construction Owners Association of America and others.
By initiating a dialogue with the members of the construction team regarding expectations, we address and define the dispute resolution process to be used during the project and empower the participants to achieve mutually satisfactory solutions and avoid judicially-imposed outcomes.
Our background in dispute resolution provides us with the insight to identify contract language that could create problems later in the project and to suggest a functional alternative. By appropriate risk allocation, the owner can obtain the best value and the other members of the construction team can receive fair compensation.
Kitch attorneys have drafted documents for a variety of projects--from simple structures to residence halls, to clean rooms, to renovation and expansion of continuously functioning healthcare facilities. Due to their expertise, representatives of the Kitch firm are often invited to speak at outside events on the subjects of contract clauses, document assembly and the variety of "form" contracts available for use.