The bill of rights that follows, are those rights that every contractor should be entitled to and which enlightened owners will recognize as being in their long term interest as well.

1. Contractor has a right to a complete, clear scope of services without known omissions.

2. Contractor has a right to realistic and achievable quality and performance standards consistent with project function and available industry capability.

3. Contractor has a right to a schedule reflective of general market conditions, owner or 3rd party controlled constraints, safe working practices, and required means and methods.

4. Contractor has a right to a shared risk register that is a comprehensive summary of all risks which may affect the contractor’s ability to perform. The shared risk register should allocate risks to the party best able to manage the risks. Risks must be adequately considered with respect to likelihood of occurrence, severity of impact on cost and schedule, and available mitigation strategies. Risks traditionally not considered (interface risk, disruption) must be reflected and priced.

5. Contractor has a right to fair compensation which considers the completeness of scope, quality and performance standards, schedule and the ability to control it, risks assumed, and a reasonable profit. Reasonable profit should reflect the company’s and industry’s need to continuously invest in training and innovation as well as the overall risk profile of the industry.

6. Contractor has a right to a well-constructed contract, drafted without hidden traps, unreasonable procedural hurdles, hair-trigger forfeiture provisions, or substantive rights and remedies hidden in definitions or in multiple layers of cross-references and exhibits. 

7. Contractor has a right to timely payment. Contractor’s role is not to act as a funding source for the owner’s project.

8. Contractor has a right to complete payment. Contract mechanisms for any disputed amounts must be respected and arbitrary “deducts” not made without the benefit of these processes.

9. Contractor has a right to timely resolution and approval of all change orders and requests for extras. Contractor’s efficient sequence of work is affected by events outside of his control and he should not be delayed in remedy merely through his encountering of unanticipated situations outside of his control.

10. Contractor has a right to timely resolution of all disputes through a fair and neutral determination by a third party.

11. Contractor has a right to a reasonable warranty period consistent with form, function and industry practice.

12. Contractor has a right to cure any defects in his workmanship within a reasonable period of time.

13. Contractor has a right to limit his liabilities to only those things directly within his control and with a clear recognition that consequential damages are outside Contractor’s ability to control or effectively price.

14. Contractor has a right to timely feedback on his performance including any potential areas of dispute.

15. Contractor has a right to expect the owner to be committed in word and deed to a safe work place.

16. Contractor has a right to be treated as a professional when he brings to the owner’s attention items of concern with respect to the owner’s organization, 3rd parties engaged by owner or the overall condition of the project. The messenger should not be killed for delivering bad news.

17. Contractor has a right to a final written overall assessment of his performance and the final as built facility, and the right to use such assessments with other prospective clients.