Things to look for in owner contracts Top Ten Countdown Things to look for in owner contracts

10. A cap on liquidated damages

9. No liability for design, except for design build contracts

8. No liability for unforeseen conditions

7. No damage for delay clauses

6. Owner provides satisfactory evidence of financing

5. No liability for consequential damages

4. Notice provisions

3. No environmental liability- request copy of owners environmental site assessment.

2. Indemnity obligations/ additional insured limited to our extent of our negligence

1. Owner grants waver of subrogation on existing property insurance and builders risk

Contract agreement always consists of more than one document Contract agreement always consists of more than one document. What are those documents?

What if there is a conflict between the contract documents What if there is a conflict between the contract documents? Order of precedents clause. What if no order of precedents clause?

Does the construction contract have to be in writing?

Warranties – How long? AIA contract Registrar of contractors AZ state statute Statute of repose

Duty to act in good faith Implied warranty of design adequacy Implied Duties Duty to cooperate Duty to act in good faith Implied warranty of design adequacy