ABSTRACT

Engineers and architects excel in their mastery of the technical aspects of planning and design, while contractors are highly proficient in identifying cost-effective process to build complex modern structures. However, when evaluated on the basis of their knowledge of contracts, many of these professionals do not understand the importance of the contract language that forms the basis for their relationship with the owner or with each other. Even small contracts have complex contract relationships, due to increased regulation of the environment and safety. Few would argue that the proliferation of contract claims consultants and attorneys reflects positively on the ability of designers and contractors to deliver quality products without litigation. While it is commonly heard that contractors actively seek claims for profit, few reputable contractors would pursue a claim that is frivolous or subjective. Owners and design professionals reflect their heightened awareness of the potential for claims by using restrictive contract language.