Design professionals, contractors and other service providers in the construction industry are increasingly seeking disclaimers of damages and limits of liability in their contracts with upstream parties in the chain of contracting. Owners are not the only ones who should be sensitive to these clauses. Prime architects and general contractors also are being asked by lower-tier parties to accept some of the risk of failure. Following is a summary of the most popular limitations and disclaimers that often escape the upstream parties' attention or priority list. As with any contract clause, the enforceability of the clause and its scope of excluded damages will vary with the language used.
... of its inclusion in the AIA contract forms, the waiver of consequential damages clause is the...
... on March 8, 1991, Modular had contracted to construct a new corporate headquarters in Newar...A.I.A. contract forms, as used in the case herein, certify that all subc...
Standard construction and design contract forms have been developed over the years by industry groups that have studied both what works legally and what works in practice. Use of standard forms can save money and they are backed by study and analysis. Standard forms have stood the test of time and, in some cases, court scrutiny. They are recognized as promoting generally fair and efficient outcomes. Here is a look at some of the leading contract forms and their purveyors (in alphabetical order):
... Address Key Issues and Align the Bond Forms with Modern Terminology . WASHINGTON -- The Americ... terminology currently used in other AIA Contract Documents. . The AIA led an industry-wide collabor...
... shares, stocks, bonds, debentures and other forms of participation in an enterprise; (78) intellectuual property rights; (79) rights under contracts, including 'turnkey, construction, management, pro...
...FTA disagrees. Structured in multiple forms, PPPs can vary greatly according to the scope of r...
In many ways, this story started about 12 years ago. The American Institute of Architects was revising its 1987 version of Document A201, "General Conditions of the Contract for Construction," and as had been its custom for decades, the association asked Associated General Contractors' Contract Documents Committee for input. A few years before, Massachusetts-based Perini Corp. was stunned by an arbitrator's decision to award a gaming company $14.5 million on a counterclaim in a $45,000 construction management fee dispute. The casino claimed consequential damages for late completion of Perini's project, and a split arbitration panel gave it the award. Perini and AGC wanted to avoid similar results in the future, so they convinced the AIA to include language covering mutual waiver of cons...
..., leading to heavily modified standard forms as a routine practice. AGC recognized there was a ...
... American Institute of Architects' standard forms. The American Institute of Architects Official Gui...
... for planning, designing, bidding, contracting, and constructing renewable energy systems and ene...(2) Forms used. Form RD 1924-6 or other Agency approved cont...
... certificate on a long term refurbishment contract), and the certificate is issued within one month o... a loss can only be surrendered if other forms of loss relief are unavailable (such as relief aga...
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