Scribd
Upload
25 views1 page

Contracts Checklist: Christopher G. Hill 804.916.6591

Uploaded by

api-25975704
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
25 views1 page

Contracts Checklist: Christopher G. Hill 804.916.6591

Uploaded by

api-25975704
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
You are on page 1/ 1

Contracts Checklist

Christopher G. Hill
804.916.6591
[email protected]

Principals of both Subcontractors and Suppliers should review this


checklist when presented with contracts by “upstream” companies
on a project.

I. Deal Breakers

“Pay when paid” clauses


One way attorney fee provisions in dispute resolution provisions
Attempts to make you indemnify the entire project or insure
the upstream party for its own acts
“No damages for delay” clauses that remove your ability to claim
actual damages for delay beyond your control and imposed by an
upstream party
Termination for convenience that only pays for work performed
and materials installed as of the date of the termination
Language that puts artificial limits on your ability to make a
claim, including allowing the upstream party or its agent to be
the judge of your claim’s validity

34. Items to Make You Think


Carefully Mandatory
arbitration
Clauses that mention the “satisfaction” of the upstream con-
tractor or owner as the benchmark for correct work and not the
plans
Clausesandspecifying
specifications
a location
Final payment as a waiver of allfor any lawsuit
claims
Statutes of limitations in the contract that impose artificial
limits on your rights

60. Better to Avoid, but Don’t Lose a Good Deal

Incorporating documents that are not plans and specifications,


including the contract between the Owner and the eral/Prime Contractor Gen
Bond requirements on non-government projects -

A combination of your knowledge of and business history


with the “upstream” party and these guidelines will help to assure that you
get the best com- bination of protection and profit. Should any questions
arise during contract nego- tiations, consult with an attorney knowledgeable
in construction law to assure that your rights are protected.

©2008, Christopher G. Hill All Rights


Reserved

You might also like