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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 [...]
On February 12-14, 2015 the Texas Municipal League will host its Elected Officials Conference. Jeff Chapman will speak to Texas' elected officials about Public Private Partnerships on Friday the 13th. To register and see the agenda, visit http://tmlelectedofficialsconference.org. My topic: The Push for Public/Private Partnerships (P3s) – What’s the Hype About? [...]
The AGC of Texas had its annual associate division meeting at Top Golf in October. The Chapman Firm was proud to have Jeff Chapman there representing the Central Texas Future Leadership Council. With the support of AGC of Tx staff and the Board, Jeff Chapman founded the Central Texas Chapter [...]
Jeff Chapman presented a discussion of procurement statutes and alternative delivery methods for construction of a project to the Karnes County commissioners. Chapman assisted the commissioners court in evaluating the construction delivery method that provided the best value for the county and served the county most pressing concerns and interests. [...]
The Chapman Firm has concluded a high profile matter for its client, Karnes County. The Chapman Firm has successfully negotiated terms in line with terms requested by County Commissioners to assist in protecting the county from lawsuits and potential liabilities. http://www.ksat.com/content/pns/ksat/news/2014/12/16/karnes-county-approves-family-detention-center-expansion.html … The Court voted to approve the contract with The [...]
The Chapman Firm is pleased to share this story about Jeff Chapman's representation of Karnes County in the negotiation of a contract involving issues of sovereign immunity, indemnity, and exposure to civil rights lawsuits resulting from the operation of an immigration detention facility. Commissioners Want Prison Contract Modified The County's [...]
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 [...]