In my latest article for the Daily Journal of Commerce, I provide a few suggestions for contractors, and perhaps project owners as well, to manage risk through a construction contract. Provisions that can be included in a contract to achieve that end might include:

  • The owner limits its potential claims to direct damages and waives claims for consequential damages.
  • The contractor’s maximum liability to the owner is capped at a stated sum.
  • The contractor’s potential liability for late performance is limited to a set amount per calendar day.
  • The contractor’s bid includes contingency to guard against unforeseen risks, or provisions to address material price escalation or “force majeure” events such as pandemics.

Read the full article here.

Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on January 20, 2022.

 

Photo of Karl Oles Karl Oles

Karl Oles, a partner of the firm practicing in the Construction and Design group, has for more than 30 years helped owners, architects, engineers, and contractors solve complex legal problems through negotiation, mediation, arbitration, and trial. Karl has also drafted, negotiated, and…

Karl Oles, a partner of the firm practicing in the Construction and Design group, has for more than 30 years helped owners, architects, engineers, and contractors solve complex legal problems through negotiation, mediation, arbitration, and trial. Karl has also drafted, negotiated, and analyzed multimillion-dollar design and construction contracts on a wide variety of construction projects. He has served as an arbitrator on the American Arbitration Association’s construction panel. He is coauthor of the current standard treatise on Washington lien law (available for free by following this link). He has been listed in The Best Lawyers in America© for Litigation-Construction from 2013 to 2018.

Click here for Karl Oles’ full bio.