Contract language determines outcomes. In Florida, courts look at what the contract says, not what the parties may have intended, and apply generally accepted meanings to clear and unambiguous language. If language is ambiguous, courts may consider “parol” evidence of what the parties intended, which is why precise drafting matters so much. Vague, unclear, or missing language is the most common source of disputes and litigation, and investing in getting it right before a project starts is far better than the costs of fighting over it once something goes wrong.

AIA contracts are a strong starting point for most construction projects, but they should never be signed without attorney review. They are industry-standard agreements developed by the American Institute of Architects and are the most widely used contract forms in U.S. construction, covering a wide range of project types, delivery methods, and payment structures. Each project has its own unique requirements, and parties should not wholesale adopt form templates without careful consideration of which form to use and what modifications are necessary. A knowledgeable construction attorney can navigate the forms, negotiate modifications, add supplementary conditions, and ensure the final document correctly reflects the project’s requirements.

The right form depends on your role and project type. AIA, AGC, and EJCDC are three organizations that publish industry-standard construction contract forms. AIA documents are the most used in private commercial and residential construction in the U.S. AGC forms are designed for the general contracting community and, unlike AIA forms, tend to be more contractor friendly. EJCDC documents are used primarily on engineering-heavy projects such as infrastructure and public works. Kelley Kronenberg’s construction attorneys work regularly with all three families of documents, advising owners, developers, contractors, and subcontractors on which form fits the project best and how to negotiate terms that protect their position.

Several provisions consistently generate disputes when missing or poorly drafted. A well-drafted construction contract clearly addresses scope of work, payment terms, scheduling, change order procedures, delay and force majeure clauses, indemnification, insurance requirements, and dispute resolution. Vague language in any of these areas is among the most common sources of construction litigation. In Florida, payment terms also interact directly with lien rights under Chapter 713 of the Florida Statutes, adding another layer of complexity that must be addressed carefully before work begins.

A change order is your primary protection against scope creep disputes; it is a written amendment to the original contract that documents any change in scope, cost, and/or schedule. Florida courts are generally reluctant to enforce payment for extra work unless it is documented and authorized in writing beforehand, and verbal approvals and informal field instructions are a leading cause of nonpayment disputes. A well-drafted contract specifies who is authorized to approve changes, how changes must be documented, and what happens to price and schedule when a change is approved.

Kelley Kronenberg handles construction contracts across the full range of project types and sizes. The firm’s construction attorneys have drafted and negotiated contracts for projects ranging from single-family homes to multi-million-dollar hotels, condominiums, and commercial developments, to major public facilities and infrastructure projects. The team works regularly with AIA, AGC, and EJCDC documents, along with public bid forms, handling both simple and complex public and private deals. Because the firm also handles construction litigation, contracts are drafted with a clear understanding of how disputes actually unfold, and structured to prevent them or strengthen a client’s position if they do.

Before signing any contract. The time to negotiate terms is before the project begins — not after a payment is withheld, a delay arises, a defect is discovered, or a party is declared in default. Owners, developers, general contractors, and subcontractors all have more leverage at the contract stage than after work begins.

Templates are not a substitute for legal counsel, and the gap shows when something goes wrong. Online templates can produce a signed agreement, but they cannot evaluate project-specific risks or account for Florida’s construction statutes and applicable law. For owners, a template cannot assess whether your payment procedures create lien exposure under Chapter 713, whether your indemnification clause will hold up in Florida courts, or whether your change order language leaves you exposed to claims for extra work. For contractors and subcontractors, a template cannot protect you against nonpayment, cost overruns, or additional costs from delays or unforeseen conditions. On large commercial projects, the cost of a poorly drafted contract can exceed the contract price many times over.