Top Ten List of Contract Clauses to Save you, or Bite you
In the disruptive model of the economy — where technology changes formats of doing business or else — the legal industry is at risk of falling behind. More than ever, it is critical to make contract language fit and anticipate the new approaches in cutting age construction agreements. Take for example the fact some hospitals insist that all drawings of record are now electronic, or the design concept recently gaining traction of “Model of Record.” No, that is not a runway model, but a 3D model of a project, including its electronic data, that serves as the core design document and building recipe.
Making a Differing Site Conditions Claim
Any time a piling contractor bids a job, steps foot on the site, and starts driving a pile, there is a real risk that the indications of subsurface conditions in the geotechnical report and soils borings don't match up to what's encountered. The blow counts go way up, or the pile sinks like in quicksand. where the presumed bedrock has disappeared. The differing site conditions (DSC) clause is mandatory of federally funded projects and in most state public contract codes. This should be easy, right? Yet there is often no fight harder fought when a DSC claim is made. Why is that?