By Steven R. Goldstein, Esq. – Shaub, Ahmuty, Citrin & Spratt, LLP

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Despite the best drafted agreements, if the very existence of the document is called into question, such an agreement may ultimately prove useless. Specifically, in many instances an owner or contractor with whom a design professional claims it had a valid, binding contract will claim that no such agreement ever existed and as such, the terms and conditions of the purported agreement cannot be enforced against them.