Construction SuperConference 2019

S11 Affable Wolves: Risk Imbalances in the Fixed Price World (Room Palos Verdes 7)

This Panel of experienced contractors and lawyers will discuss how to deal with difficult owners who abuse contract terms and conditions to gain an unfair advantage or to pressure contractors for concessions on claims. The Panel will address the use and misuse of construction change provisions, warranties, liquidated damages provisions, retention, and audit provisions. The Panel will also discuss how to deal with the owner's refusal to issue CCDs, the owner's expanded definition of substantial completion,  and other tactics designed to make it harder for the contractor to make claims, receive changes, get paid or achieve substantial completion.

Upon completion of this session, participants will be able to:
  • Understand successful strategies for overcoming hidden agendas used by owners to gain concessions on claims.
  • Hear examples of abusive clauses and activities, and "lessons learned.”
  • Negotiate contract provisions to minimize the owner's unfair tactics.