ABSTRACT
Contract risk often focuses on the allocation of risks that arise during performance of a contract. As noted in Chapter 3, an IACCM survey indicates that a list of the top contract terms of today-that is, the terms negotiated with greatest frequencyis dominated by clauses that focus on the consequences of failure, claims and disputes. While these terms are important, negotiators should not overlook even greater risks that can be far more costly and, as we will see later, can even bankrupt a company.
