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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

Top 5 Contract Clauses That Poison Construction Projects (CCL861V)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Zach Jones
  • Conference Date
    Thu, September 8, 2016
  • Length
    90 minutes

Avoid These 5 Contract Clauses to Avoid Litigation in Your Construction Projects

Not all construction projects end in litigation—only bad projects.  Despite that, owners, designers, and contractors continue to shape their contractual agreements around the experiences of these bad projects. This is the primary reason construction agreements—regardless of the form—include clauses that are destined to send any project spiraling toward litigation the second anything goes wrong.  So what’s the solution?

This presentation by expert speaker Zach Jones may provide you the solution by identifying and avoiding the top five clauses that poison construction projects.  These clauses create undue burden on the management and their support staff, cause friction between the members of the team, and generally reduce productivity and increase the chance for litigation.

This session will provide you a valuable understanding of construction contract clauses and you’ll learn the important dos and don’ts for contract negotiations. You’ll know which important contracts to watch out for when reviewing contracts and learn to better manage the contract negotiation process.

For all those who want to avoid litigation—and the expense and disruption it brings with it—this presentation is for you.

Session Highlights:

In particular, the speaker will discuss the inherent problems with the following clauses:

  • Poorly Worded Scope of Work: The most critical clause in any construction contract.
  • No Damage for Delay: Why No damage for delay clause is a source of constant friction.
  • Pay If/When Paid: Understand the risks of Pay if or Pay when clauses.
  • Change Order Requirements (and no waiver clauses): Why are they too complicated?
  • Retainage: The pros and cons explained

Who Should Attend

  • Contractors, suppliers, and vendors who bid or negotiate public contracts:
  • CEOs and business unit managers of contractors, designers, or owners;
  • Project managers, engineers, estimators, and other contractor personnel;
  • Architects, engineers, and other design consultants;
  • CFOs and Controllers for owners, designers, and contractors; and
  • Real estate developers and consultants who advise private owners

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About the Presenter(s)


Zach Jones is a construction attorney in Louisville, Kentucky, with the firm of Stites & Harbison who represents contractors across the country and around the world.  Prior to becoming an attorney, Zach was a project eng...More Info

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