I recently received a telephone call from a policyholder asking this question because of a minor issue that arose when the term “notice of award” was capitalized in the general conditions, but was not capitalized in the instructions to bidders. His attorney advised that “it could be argued” (a not-unusual term for an attorney to... Continue Reading →
What is a “safe harbor” and does it really protect you?
A “safe harbor” provision establishes a contingency percentage for change order costs during construction. If written properly, it can be an effective risk management tool. We recently reviewed a professional services agreement that included the following provision: “It is understood that the nature of the design process is such that plans, specifications and other documentation... Continue Reading →