Managing Killer Clauses in Construction Contracts: Part II

This is the second part of a two part article. The first part was in last month’s issue of this Report. Consider the following basic “killer” clauses, and how they might be managed. Notice Requirements You must know your contract. The first step in good contractual...

No Excuse for a Bad Contract

I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences...

How Jargon Complicates Construction

Put yourself in the shoes of a facilities manager who is responsible for constructing a facility for the first time. You call people you trust to determine how you should go about it, and ask each of them to put it in terms you can understand. As each of your trusted...