Lawyer Scott Holcomb Quoted in the Construction Dive Article “The Dotted Line: How to make sure a contract protects your money”
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Phoenix Lawyer Scott Holcomb was quoted in the Construction Dive article titled, “The Dotted Line: How to make sure a contract protects your money”.
The article discusses important language every contractor should include in their contracts to ensure they receive payment.
“Your contract can provide that all changes have to be written and signed, but if [the person authorized to sign] sends an email, that can give approval. Even an email that has the sender’s name at the top can be equivalent to a wet ink signature when digital communications are part of the contract. So if the superintendent or project manager is authorized to approve changes but common practice within the company is to have upper-level management sign off first, that process can be sidelined if the super or PM have sent emails to the client agreeing to the changes or other alterations to the contract,” said Mr. Holcomb.
“Another way contracts can be modified is through conduct. People focus on terms [of a contract], but what is more critical is what they do,” he said. “Even if the contract states that all changes must be in writing, and the first few changes are performed without written approval, that is a good argument that the “in writing” requirement can be waived.”
To read the full article, please click here.
The article discusses important language every contractor should include in their contracts to ensure they receive payment.
“Your contract can provide that all changes have to be written and signed, but if [the person authorized to sign] sends an email, that can give approval. Even an email that has the sender’s name at the top can be equivalent to a wet ink signature when digital communications are part of the contract. So if the superintendent or project manager is authorized to approve changes but common practice within the company is to have upper-level management sign off first, that process can be sidelined if the super or PM have sent emails to the client agreeing to the changes or other alterations to the contract,” said Mr. Holcomb.
“Another way contracts can be modified is through conduct. People focus on terms [of a contract], but what is more critical is what they do,” he said. “Even if the contract states that all changes must be in writing, and the first few changes are performed without written approval, that is a good argument that the “in writing” requirement can be waived.”
To read the full article, please click here.
