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Construction and property agreements

Construction, Real Estate, and Property Contracts

The change order is where project costs and disagreements often meet. Potter Accord helps contractors, developers, landlords, property managers, and home-service operators put scope, payment timing, and indemnity terms in writing before work begins.

The change order matters.

Construction agreements Commercial lease review Property management contracts
Agreement coverage

Project and Property Agreement Coverage

Start with the documents people rely on in the field. Clear terms give each party a reference point when plans, timing, or responsibilities change.

Construction and subcontracts

Set the work description, schedule, site responsibilities, payment terms, and coordination duties in the prime agreement and subcontractor agreement.

Define what is included and excluded.

Change orders and field directives

Establish who can approve a change, what the written request must include, and how price and time adjustments are recorded.

Document the decision as it happens.

Commercial leases

Review maintenance duties, assignment and subletting rules, default terms, notice periods, and the practical cost of tenant obligations.

Read beyond the rent figure.

Purchases and property operations

Address contingencies and closing details in a real estate purchase agreement, or define authority, fees, and reporting in a property management contract.

Make authority and deadlines clear.
The cost-control details

Change Orders and Payment Mechanics

A change order should settle the business terms before extra work moves ahead. Put it in writing.

Connect terms to the work

Each project stage should have a matching record.

StartDeposit or mobilization terms
ChangeWritten scope, cost, and time adjustment
ProgressBilling milestones and retainage
CloseoutCompletion and final payment steps

Written approval and authority

Identify who may approve added work and what form of written approval counts. This helps prevent field conversations from becoming disputed commitments.

Price the variation clearly

Set whether changes use a fixed price or time-and-materials basis. Specify labor rates, markups, supporting records, and any required estimate approval.

Adjust time as well as cost

Record the effect on milestones and completion dates. A price-only change can leave the schedule obligation unclear.

Track billing, retainage, and notices

State progress billing requirements and retainage treatment. Review notice deadlines and lien-related documentation with the project's applicable rules in mind.

Real estate operations

Leases, Purchases, and Property Management

Property documents shape daily responsibilities long after signing. Read them for the decisions they assign, not only the headline price.

Commercial lease review

Examine maintenance, repairs, assignment, insurance, default, notices, and costs that may sit outside base rent.

Purchase and sale agreements

Clarify contingencies, inspection periods, required notices, closing conditions, and the timing of each party's obligations.

Property management contracts

Define spending authority, owner approvals, reporting frequency, fee structure, vendor coordination, and termination steps.

Recurring service agreements

Set service frequency, access rules, pricing changes, customer approvals, cancellation terms, and responsibility for materials.

A practical drafting process

Documenting a Project or Property Relationship

We work from the terms people will use: plans, scope documents, invoices, notices, and the decisions made on site.

Keep the field process aligned with the signed agreement.

01 Review the current agreement and project record

We review the agreement alongside plans, specifications, schedules, proposals, and relevant correspondence to identify gaps between the paper and the work.

02 Set payment, change control, and indemnity terms

We focus on approval authority, change pricing, billing timing, notice duties, risk allocation, and the responsibilities each party can actually manage.

03 Draft or revise the agreement and its exhibits

The contract should point to the schedules and exhibits that define the work, milestones, pricing, insurance requirements, and project procedures.

04 Match field practice and invoicing to signed terms

Before the project begins, identify who sends approvals and notices, which records support invoices, and how the team will retain the signed change documents.

Common questions

Construction and Property Questions

A few contract details can decide how smoothly a project handles a change in scope.

What should a change order procedure require?

It should identify who can authorize the change, require a written description of the added or revised work, set the price method, and state any schedule effect. The agreement should also say how urgent work is handled and which records must be kept.

How should I handle a landlord-drafted lease?

Review the full lease before signing, including maintenance and repair duties, assignment restrictions, default remedies, notice rules, insurance, and pass-through costs. Identify the provisions that affect your operations and negotiate those terms before committing.

Should subcontracts mirror the prime contract?

Related obligations often need to flow down, but copying every prime contract term can create conflicts or duties a subcontractor cannot perform. Match the subcontract to the work, schedule, payment structure, notice requirements, and risk allocation that apply to that trade.

How detailed should a construction scope be?

Use enough detail to identify the work, materials, plans or specifications, exclusions, site assumptions, and completion standard. Attach the controlling documents and set a clear process for resolving inconsistencies or approving changes.

Before the first day on site

Document the Work Before It Begins

A clear change order contract sets approval, payment, and schedule terms before extra work moves ahead. Potter Accord works with California contractors and property operators to put project expectations into usable agreements.