Common Contract Errors and Omissions Checklist
By David Z. Kaufman
When Signing the Contract
√ Be sure everyone signs & dates the final page
√ Be sure everyone initials & dates each page of contract
√ Contract should have numbering “1 of xx pages”
√ Be sure all warranties etc. that are incorporated by reference are attached to basic contract.
√ If the contract is a form contract, all entries must be filled out (If the space does not apply use “NA” etc.)
Be Sure to Include:
√ Reasonable attorney’s fees & costs in collection
√ A provision for interest finance charge
√ A statement of which state law controls
√ A statement of where disputes must be resolved
√ The consequences of not paying, e.g., contract and warranty are void
√ Carefully Defined terms
√ A statement that only the written contract controls and that verbal statements do not make part of contract
√ A statement that the contract is the written contract plus its additions etc. so that warranties, exceptions, etc are incorporated by reference.
√ A requirement that all changes must be in writing
√ Beware of fixed dates for completion, is time really of the essence?
√ A clear statement that the Contractor cannot be liable for things that are out of their control (terror, weather problems, etc.)
√ Are appropriate consumer protection laws are complied with (if applicable).
© Copyright 2010, American Bar Association.