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Shifting the Risk in Construction Contracts - Site Conditions, Pay-to-be-Paid Provisions, Delay Clauses and Others


Common Risk-Shifting Provisions in Construction Contracts, Allocation and Assumption of Risks

Construction contracts are more than simply outlining the work to be performed. They also serve the important function of shifting risk and identifying which party bears the risk related to completion of the project and any potential future issues. In today’s construction contracts, there are many provisions that directly affect the allocation of risk between the parties, such as the pay-if-paid provision, site conditions, delay and acceleration clauses, pass-through clauses, implied warranties and indemnification. A contractor or an attorney representing a contractor should know the various common contractual provisions that affect the allocation and assumption of risk.

This program by expert speaker John A. Snow will address common risk-shifting provisions in construction contracts. John will also help you identify provisions in a construction contract that affect risk, and the allocation and assumption of risk related to a construction project. Additionally, you will get sample contractual provisions to enhance your learning.

Session Highlights

  • Common risk shifting provisions:
    • Pay-if-paid provisions
    • Site conditions
    • Delay and acceleration clauses
    • Pass-through clauses
    • Implied warranties and indemnification
  • Identify provisions in a construction contract that affect risk
  • Allocation and assumption of risk related to a construction project
  • Overview of sample contractual provisions

Who should attend

  • Contractors
  • attorneys
  • Project planners and developers
  • Construction projects financiers
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