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Professional service agreements are one of the most important tools you have for managing risk. By gaining an increased understanding of contract language and negotiation skills, you can respond to the challenges presented by your clients and their projects.
Careful study and use of Managing Risk Through Contract Language will help you and your client to 1) achieve a common understanding and appreciation of each other's contractual responsibilities and 2) make informed risk management decisions when negotiating or responding to specific contract language.
Two pages are devoted to each topic. The first page identifies the ISSUE you might face and suggests a RESPONSE to your client. We provide a brief explanation of the CONCERN that you might have with the issue. The second page of each topic includes a COMMENTARY that provides additional background information and some suggestions you might want to discuss with your legal advisor and client. Where applicable, RESOURCES such as CNA/Schinnerer publications and the consensus documents published by the Engineers Joint Contract Documents Committee (EJCDC) and The American Institute of Architects (AIA) are listed.
Topic Listing
Introduction
Reviewing a Contract
Agreement Forms
Assignments/Lender Requirements
Certifications
Change Orders
Code Compliance
Confidentiality
Consequential Damages
Cost Estimates
Design Without Construction Phase Services
Dispute Avoidance/Dispute Resolution
Document Ownership and Control
Electronic Information Transfer
Environmental Hazards
Evaluation of the Work
Express Warranties and Guarantees
Fast Track Project Delivery
Indemnification
Insurance Requirements
Liability for Others
Payment Applications
Requests for Information
Risk Allocation
Schedule Concerns
Shop Drawings
Site Safety
Standard of Care
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