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Contractor Approach to Risk Allocation VIII - Subcontractor Selection Clauses In this edition of my series addressing equitable risk allocation in construction contract, I am going to discuss those clauses where an owner seeks input or control over a contractors subcontracts and subcontractor selection. In Construction Manager at-Risk [...]
The 2015 Texas Legislative session finished with a bang for the construction industry. Two significant spending bills and a number of budgetary items made it through the sausage grinder that is the legislative process. Download the full article.
Joint venturing provides contractors a tool to expand into new markets, construct more complex projects, spread resources and risks, and increase productivity. Download the full article.
This article is the seventh in my series of discussions about contractual risk allocation. This installment focuses on differing site conditions clauses. Currently, a common approach to these clauses is to shift all-risk to the contractor. This shifting of risk is often reflected in both bid instruction and the general [...]
This article is the sixth in my series of discussions about contractual risk allocation. This installment focuses on two design-related contract clauses (1) adequacy of design and (2) design responsibility. Both clauses address potential liability for design errors and omissions. Both also contain the potential to assign significant liability to [...]
This article is the fifth in my series of discussions about contractual risk allocation. This installment focuses on force majeure clauses and discusses the manner in which certain contracts allocate the risks associated with force majeure. While occurrences of force majeure events are foreseeable, their type, scope, length, and overall [...]
The Contractor’s Approach to Risk Allocation IV: Acceptance of Work Clauses This article is the fourth in my series of discussions about contractual risk allocation. This installment focuses on acceptance of work clauses and discusses the manner in which parties to the contract can best allocate the risks associated with [...]
The Contractor’s Approach to Risk Allocation III: Consequential Damages Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept [...]
The Contractor’s Approach to Risk Allocation II: Indemnity Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept risk. One clause [...]
The Contractor’s Approach to Risk Allocation: Liquidated Damages and No Damages for Delay In my last column, I introduced the idea of addressing risk allocation in a series of columns to appear on a monthly basis. The goal of this series is to educate contractors, subcontractors, and owners [...]