Commercial Construction Contract ‘Scope of Work’ Surprises

Contractors and Subcontractors: Is there an expensive “surprise” lurking in the contract for that big new project you just landed? 

Here’s a sign that there might be. 

Let’s say you’re a concrete subcontractor. Your subcontract for a job states that you’re required to perform all the concrete work pursuant to the construction drawings referenced “in the attached Exhibit B.” 

What’s in Exhibit B? 

It’s every drawing for the entire project. 

And the drawings contain some specific detail — for example, a concrete equipment pad contained within the electrical drawings. 

Your bid hadn’t included such a pad, because it wasn’t referenced in the civil or structural drawings you’d received from the customer. But there the pad is, buried in the exhibit of your contract. 

Guess what? 

You may very well be responsible for that. The pad is now your pad to build. 

In the State of Ohio, documents incorporated by reference into your Subcontract are as good as if they were cut-and-pasted into the Subcontract itself.  

In other words, you’re on the hook.

So: Be careful with “catchall” contract exhibits. Expensive surprises and other shenanigans can lurk there. 

If you’d like help with your commercial construction contract, fill out our contact us form. Reference this article and you’ll get a complimentary consultation with one of our legal team members. You can also find more related information in our Guide to Avoiding Commercial Construction Contract Nightmares.