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Why Onerous Contract Document Provisions Are Bad for Everyone

from Construction Executive

Construction contracts can be lengthy and complicated documents. While these agreements form the foundation for the relationship between the signing parties, it’s not unusual for construction participants to fail to thoroughly examine them. Even if the contract is read completely, or if it is not examined by an attorney, technical legal clauses or phrases with profound effects may go unnoticed. While it may not be feasible to hire an attorney to review every contract, it is important for parties to understand that the contract can be used to carve out legal positions, limit rights and demand certain actions. Top-of-the-chain parties routinely attempt to shift financial risk further down the chain, sometimes through onerous contract provisions, because nobody wants to bear a project’s financial risk, but overall this type of onerous contract provision doesn’t help anybody. more

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