Evaluation of the Importance of Understanding Commercial Construction Contracts: A Case Study Based on Texas, USA

When signing an agreement between two or more parties, it is important to understand all theprovisions and terms of the agreement to avoid any type of dispute. According to the AssociatedGeneral Contractors “In Texas, construction contributed $137 billion (5.1%) of the state’s GDPof $ 2.7 trillion. Construction employment in Texas in August 2024 totaled 860,900 an increaseof 36,600 (4%) from August 2023 and an increase of 79,800 or 10% from February 2020.”.Knowing the amount of money and amount of jobs that are generated in the constructionindustry highlights the importance of understanding construction contracts. This research paperdissects the many construction contracts available in the commercial industry and will discussthe advantages, disadvantages and specific Texas laws that affect each individually. Whileknowing the advantages and disadvantages of these types of contracts is a huge advantage forany contractor and owner, knowing the specific provisions that cause the most issues is an issueof the most importance that gets analyzed as well. To achieve this, the author used aninterdependent methodology. First, the author conducted desktop analysis of lump sum, time &material, unit price, guaranteed maximum price, and cost-plus fee type of contracts. Second,investigating EJCDC, AIA, and ConsensusDoc national standard forms of contract. Third, theauthor developed the advantages and disadvantages of each type of contract. The outcomes ofthis research will help commercial contractors understand which type of contract is the perfectone for the specific type of project that they will endeavor to. It will clearly discuss the manycontract provisions that cause the most issues for contractors, issues that include but are notlimited to, ambiguous scope of work, unclear payment terms, change orders, incomplete orinadequate specifications, dispute resolution, insurance indemnification, performance guarantees,subcontractor issues, compliance issues, and termination clauses. Highlighting the importance ofthese contracts and the issues that arise will greatly reduce the conflicts and disputes oncommercial projects.