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Contract Killer Clauses in Construction: How to Neutralize Them?

Contract Killer Clauses in Construction: How to Neutralize Them?

      Duration: 90 Minutes

Faculty: Brian Perlberg      Level: Intermediate      Course ID: 1142


Killer construction contract clauses cost up to 20% on prices and lead to fail projects and litigation, according to studies. Learn how to spot these killer clauses, specific problematic words, alternative language and negotiation strategies to avoid them to get better project results. You will learn the trends on how risk is being shifted to the wrong party to manage the risk and the latest legal cases that are interpreting these killer clauses.

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 get better construction project results. He was recently recognized by ENR magazine as a leading legal voice and featured in Whose Who Legal for construction.

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:

  • What’s the problem and the cure to unfair 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
  • General Contractors
  • Speciality Contractors and Suppliers
  • Construction Managers and Design-Buidlers
  • Surety and Bonding
  • Insurance Professionals

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