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Things to look for in owner contracts
Top Ten Countdown Things to look for in owner contracts
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10. A cap on liquidated damages
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9. No liability for design, except for design build contracts
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8. No liability for unforeseen conditions
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7. No damage for delay clauses
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6. Owner provides satisfactory evidence of financing
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5. No liability for consequential damages
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4. Notice provisions
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3. No environmental liability- request copy of owners environmental site assessment.
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2. Indemnity obligations/ additional insured limited to our extent of our negligence
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1. Owner grants waver of subrogation on existing property insurance and builders risk
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Contract agreement always consists of more than one document
Contract agreement always consists of more than one document. What are those documents?
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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?
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Does the construction contract have to be in writing?
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Warranties – How long? AIA contract Registrar of contractors AZ state statute Statute of repose
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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
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