The enforceability of the legal terms of contracts ultimately rest with the courts. When parties disagree, courts are called upon to determine the meaning of a contract and how it is to be enforced. Court rulings however, have some predictability on particular provisions because many standard clauses frequently have come to the courts for interpretation. It is important when attempting to determine how a court might rule to look at court decisions from your particular location. Different courts have interpreted the same contract provisions differently.
Courts also can rely on certain legal principles unrelated to contract law to resolve disputes.
For example, as a general principle, a design professional is obligated to provide the owner with drawings that are reasonably accurate and complete. If the design professional doesn't, she or he may be found liable for negligence to an owner regardless of how any contract provisions deal with the issue. Assistance in preparing contracts is available to the various participants in construction projects. Care needs to be taken in modifying the agreement form because it may affect the validity of the agreement. Insurance consultants and lawyers also can provide assistance in negotiating and drafting construction agreements.