1975Civil engineeringRequires access

ARE CONSTRUCTION CONTRACTS FAIR

George A. Fox, Max E. Greenberg

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Abstract

Too often, specifications and contracts are written vaguely. The contractor has to deal with many unknowns and unpredictable factors. What can be done to ease this situation and reduce litigation? An attorney whose firm has represented many contractors suggests ways to reduce litigation. For example, risks could be minimized and costly litigation avoided with more research before a contract is written, rather than the present reliance on escape clauses. A veteran contractor also gives his ideas, including his opinion that the design engineer should do more of the tasks now left to the contractor. For example, in tunneling, engineers should design the temporary support as well as the final lining.

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What this paper is about

Too often, specifications and contracts are written vaguely. The contractor has to deal with many unknowns and unpredictable factors. What can be done to ease this situation and reduce litigation? An attorney whose firm has represented many contractors suggests ways to reduce litigation. For example, risks could be minimized and costly litigation avoided with more research before a contract is written, rather than the present reliance on escape clauses. A veteran contractor also gives his ideas, including his opinion that the design engineer should do more of the tasks now left to the contractor. For example, in tunneling, engineers should design the temporary support as well as the final lining.

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Available abstract

Too often, specifications and contracts are written vaguely. The contractor has to deal with many unknowns and unpredictable factors. What can be done to ease this situation and reduce litigation? An attorney whose firm has represented many contractors suggests ways to reduce litigation. For example, risks could be minimized and costly litigation avoided with more research before a contract is written, rather than the present reliance on escape clauses. A veteran contractor also gives his ideas, including his opinion that the design engineer should do more of the tasks now left to the contractor. For example, in tunneling, engineers should design the temporary support as well as the final lining.

Key concepts: Business, Construction contract, Contract management, Construction engineering, Risk analysis (engineering), Engineering, Marketing

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