Tilt Contract Bias Your Way
 You've probably read construction contracts that
seem biased – favoring one party over the other. Exactly right: Every construction contract has a built-in bias. There's no
such thing as a standard construction contract that's fair to everyone and fits every job. For many reasons, a contract like
that doesn't exist. It can't. Illinois law has different requirements for different types of projects. The disclosures
required and payment terms vary with the type of work – residential, commercial, industrial, public or private. What's fair
for one type of job may be completely unfair or illegal for a different type of work.
Just as bias varies in contracts, risk varies from job to job. The danger point for every construction contractor is when bias
and risk intersect. An experienced construction contractor knows there's risk in a job with:
- An undercapitalized owner,
- An inexperienced designer,
- An aggressive building inspector,
- Demanding specifications,
- Short deadlines.
Jobs like those include obvious risk. By the time you've walked the job site, studied the plans and bid the work, you probably
recognize other risk that should be considered. It's a shame if what you know about risk in the job (the owner, the plans, the
work) isn't written into the contract.
You need a construction contract with bias neatly tailored to avoid known risk.
No stock contract, no side agreement, no oral understanding, no tacit assumption will substitute for specific contract
language that covers what could go wrong.
Head off trouble when drafting the contract. Don't fumble that chance by recycling a contract used on some other job. Draft an
agreement that both fits the job and avoids known problems. Protect yourself. A few minutes with
Illinois Construction Contract Writer can help avoid the most common
disputes that plague construction projects.
Specifics on Contract Bias
You won't see many construction contract forms that admit bias. But bias is there. Forms promoted by architectural associations
tend to protect the architect. Forms promoted by property owner associations favor property owners. That shouldn't be a
surprise. Several trade associations offer stock contracts. None come with dozens of options that can shift contract bias to
meet job conditions. But that's what you need. It's also what Illinois Construction Contract Writer offers.
In Illinois Construction Contract Writer, check the bias icon before responding to any interview question.
As you click boxes and buttons, contract bias accumulates in the Contract Bias window. To see the bias accumulated so far in
your contract, click View on the menu bar. Then click Contract Bias.
 In prime contracts, the gold slice of the pie represents
owner bias. The blue slice of the pie shows contractor bias. The bias symbol at the left shows light bias in favor of the
owner. Every time you click a box or button with a bias icon, Illinois Construction Contract Writer recalculates the bias and
displays the result as a pie chart in the Contract Bias window. Wedges of the bias pie will swing back and forth like a pendulum
when you first start clicking. When you've responded to dozens of questions, movement in the pie wedges will be barely
noticeable.
 In subcontracts, the blue slice of the pie still represents
contractor bias. The green slice of the pie shows subcontractor bias. The bias symbol at the left shows light bias in favor of
the prime contractor. The more blue, the more bias favors the general contractor, whether in a prime contract or in a
subcontract. A pie chart evenly divided means contract bias doesn't favor either party.
You have better control, more options and extra security when contract bias is in your favor. Illinois Construction Contract
Writer makes it easy to draft contracts heavily weighted either way. But bending everything your way isn't necessary. A more
balanced contract will be accepted sooner and with fewer revisions. If the owner is financially solid and considered easy to
work with, bias on payment terms and liens may be irrelevant. There's no need to weight those clauses heavily in your favor. But
if the same owner is in a hurry to take up occupancy, pay close attention to bias when dealing with the construction
schedule. Another example: Suppose you feel the plans are incomplete and expect many revisions after work starts. Consider bias
very carefully when selecting clauses that spell out charges for extra work.
Put the bias control tools in Illinois Construction Contract Writer to work on your jobs.
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