Contact Clauses
It is beyond the scope of any article or book to attempt a complete discussion of the meanings, significance, and legal implications of all contract clauses. Nevertheless, the most significant aspects of some of the principal contract provisions encountered in the practice of construction contracting are discussed under topical headings in this article. The following sections consists of contract clauses of special importance are not treated elsewhere in this article.
Construction contracts can and frequently do include provisions pertaining to specified liabilities, waivers, damages, responsibilities, requirements, and other disclaimers that are designed to protect the owner and/or the architect-engineer by transferring risk and uncertainty to the contractor. While it is true that there are limits to the administration of some of these types of contract provisions by the courts, the contractor cannot assume that such contract language will be administrable . Such vindicated language has at times been invalidated by the courts where there was differences by the owner with the contractor’s work or a failure on the part of the owner to act in some essential manner.
— Publised by Nannu (www.civilguidelines.com)
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