Contract Killer Clauses in Construction: And How to Neutralize Them

Contract Killer Clauses in Construction: And How to Neutralize Them

 

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About The Event

Overview: 

The most important and egregiously written construction contract clauses have been shown to cost a 20% premium on prices and lead to fail projects and litigation. What are examples of poorly drafted killer clauses and how can you avoid them to get better project results.

Hear from Brian Perlberg who is counsel to a coalition effort called ConsensusDocs which includes the endorsement of 40+ leading design and construction associations to draft best practice contracts that allocate risk fairly to the party that is in the best position to control and mitigate risk with the goal of getting better construction project results. 

Why should you Attend: While the construction industry relies upon cooperation and communication for success more than any other enterprise, it is probably the most litigious and contentious in the U.S. Maybe that is why the U.S. Department of Labor which tracks efficiency marks construction as the ONLY industry as LESS efficient since statistics have been kept in the 60’s. Contracts are part of the problem because they create contractual silos and risk adverse behaviors that are counterproductive to better overall results. This can change with better written contracts and a more collaborative culture. 

Areas Covered in the Session:

  • What's the problem and the cure for exculpatory contracts shifting risk
  • Identify "killer clauses" in construction contracts
  • How can you neutralize killer clause
  • What are best practice contracts with fair risk allocation

Who Will Benefit: All stakeholders to the construction process
  • Engineers
  • Architects
  • Owners
  • Contractors
  • Construction Managers
  • Surety and Bonding
  • Insurance Professionals

 

Speaker Profile
Brian Perlbergis Executive Director and Senior Counsel for ConsensusDocs, a coalition of 40+ construction organizations dedicated to drafting best practice construction contracts. Mr. Perlberg serves on the ABA Forum on the Construction Industry Steering Committee for the Contract Documents, National Construction Dispute Resolution Committee (NCDRC) of the Arbitration Association of America (AAA), the Advisory Board to Construction SuperConference, and WPL Publishing.

 

 

Compliance4All
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