Some general information on doing business in the multi-cultural
South East Asian countries of Thailand, Malaysia, Singapore, Indonesia, the
Philippines and Vietnam.
Everything in a construction contact is negotiable. Here are some
important contractual provisions that can be negotiated to create a more
fair and balanced contract for the contractor.
Indemnities can make a Subcontractor or Material Supplier responsible
for the financial consequences of a claim caused by some or all of the
client’s negligence. Providing additional insured status to your client can,
in effect, do the same and, if this happens, you might not be able to
procure insurance anymore. Learn how to defuse these two contractual
landmines.
Construction contract claims and disputes are never going to
completely go away, but there are some things you can do as a contractor to
significantly improve your chances of resolving claims and disputes in you
favor.
Performing a construction contract in one state, but subject to the
contract laws of another state? Terrorized by the broad form or intermediate
form indemnity in the same contract? Don’t get "hijacked" to another state
and then have to pay for claims arising out of the negligence acts of your
client.
Six construction contract paradigms—preconceived notions—commonly
encountered in contracting for a construction project. Learn how to get rid
of these contracting barriers and hurdles and end up with more fair and
balance contacts.
Not all anti-indemnity legislation (a state statute) in the US is
created equal. Some state statutes are toothless and aren’t worth the paper
they are written on. Some state statutes look good on the surface but have
loopholes that render them basically worthless. A few state statutes are
very good and exemplary models of anti-indemnity legislation.
"Contractual Liability - Are You Really Covered?"
Contractual liability coverage is likely a component part of your
construction company’s commercial general liability insurance policy, or it
may be provided by an endorsement. It is designed to provide coverage for
the financial liability you assume under a broad or intermediate form
indemnity in the construction contract with your client. Have you read it
and do you really understand its coverage? Do you even have coverage?
Please feel free to pass on a copy of these articles to your friends and
associates in the engineering and construction business. Just mention to
them who wrote it. Thanks.
Publication in whole or in part of these articles requires the written
consent of Southernstar Consultants and the author. Brief quotations from
these articles may be included in other works along with an acknowledgement
of its source.
If you have any questions on any aspects of these articles, please feel
free to directly contact Southernstar Consultants.
