Important Contract Clauses & CM@R: The New Reality

Topics include:

• No Damages for Delay
• Payment Clauses (pay if  paid/pay when paid)
• Pass-Through of Prime Contract
• Schedule  (who controls the schedule, liquidated damages, appropriate bidding)
• Arbitration
• Indemnification/Defense
• Material Price Escalation
• Duty to Review/Identify Inconsistencies in Documents/Site Conditions/etc.

Basic Contract Terms:

• Offer and Acceptance
• Performance
• Material Breach
• Damages

Contract Allocations of Risk:

• Owner's Warranty of Plans - Design, Bid Build
• CM@Risk  Contract Terms - Changes to Warranty Obligations

1. Preconstruction
2. Construction Phase

• Disputes and Resolution

1. Claims
2. Proof
3. Litigation/Arbitration/Mediation/Settlement

PRESENTERS: