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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 [...]