• Considering Your Conditions When You Contract
  • March 30, 2017 | Author: Aaron S. Brotman
  • Law Firm: Sills Cummis & Gross P.C. - Princeton Office
  • The start of a new construction project is a time of great optimism, and difficult conversations are often avoided in the hope that all will go well. To get to this point, the developer will have gone through a complex and often drawn out process. Once the developer has completed the resolution compliance and received the appropriate sign-offs, he may believe he is done with those approvals. The truth is that conditions of a planning board or zoning board approval often will have a dramatic effect on both the shape of the final project and the actual construction process itself. Rather than simply accepting the contract as presented from the contractor or using a model form construction contract, the developer should craft the terms of the contract to accommodate any approval conditions that remain in force and to anticipate and address any potential problems resulting from the conditions before they arise. By accounting for conditions in the contract, a developer can make the construction process easier.