Michael C. Zisa and Jesse Keene authored an article in the AGC of America Newsletter dated June 2015 titled “Killer Contract Clauses”. The basic concept of a contract is something even a young child can understand: It’s a promise — if I do my chores, I get my allowance. But, for complex construction projects, contracts are not so simple – they are a record of rights and responsibilities, but also a vehicle for risk allocation. No one likes risk, but everyone recognizes the need to accept certain risk in exchange for certain rewards. Michael C. Zisa and Jesse Keene identify and discuss a few of the more common “killer” risk allocation clauses in construction contracts.
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