During the dispute of the Construction Contract, the most common thing is the misunderstanding of the contract terms which the owner and the contractor have their own view on it. To determine whose right or wrong, it is usually depending on the content of the term in the contract and apply it to the circumstances/dispute. There are few things to consider when constituting a sound term:
1) Term of Signed Contract Document. Generally, the act of signing a contractual document is seen as a willingness to be bound to the terms in the documents, and the terms will have legal effect with signature. However, there always are exceptions:
The signer must have special protection if Signer has frailty such as blindness, foreigner, illiteracy, and so on；
Failure to understand the content of the term；
The term is unreasonable, oppressive, or unfair.
2) Term of Unsigned Document. – People might think the messages or any chatting record can be as a form of an agreement, Unfortunately, it may not be what you think:
All agreements through Social Medias and Social Apps such as Facebook and Instagram will be seen as invalid.
If you are using Email to acquire an agreement from the other party, please remember to attach a formal document with the agreement rather than typing an agreement in the Email directly. Because Email is classified as an Instant Message.
Terms of the contract seem complicated; however, this is the major weapon to fight or protect your legal right when you are facing a dispute. If you are worrying your contract has invalid terms or you are suffering from the unreasonable terms, we recommend you have a consultation with professional legal assistance to ensure your legal rights, Morrison Specter could provide you with legal advice and assistance.
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