Construction Site Data Disclaimers: Who Really Carries the Risk? (OnDemand Webinar)

$219.00

SKU: 405321EAU

Description

Understand the use and enforceability of such disclaimer clauses and the contract risk management techniques used to mitigate downside risk.Differing site and concealed conditions are routinely encountered on public and private construction projects. Whether the construction project focuses on new construction or a renovation of an existing structure the risk of differing or concealed conditions is always significant. The owner desires certainty in bidding, desires to transfer the risk to the contractor yet seeks the lowest bid for the work. The contractor desires to submit a competitive price yet understand and cover the cost of the work it will ultimately perform. This material presents the owner and the contractor’s perspectives on the risk of differing or concealed site conditions and the role disclaimers of liability for site data plays in managing the risk. Learn the use and enforceability of such disclaimer clauses and the contract risk management techniques owners and contractors use to mitigate downside risk.

Date: 2019-08-26 Start Time: End Time:

Learning Objectives

Framing the Issues and Responsibilities Surrounding Site Data Disclaimers of Liability on Public and Private Contracts
• The Owner’s Implied Warranty of Specifications
• Interplay Between the Differing Site Conditions Clause and the Owner’s Implied Warranty
• Site Investigation Clauses and the Contractor’s Duty to Review and Seek Clarification

Reviewing Site Condition Information and How the Contractor Should Act
• Representations as to Site Conditions Contained in the Contract Documents
• Express Versus Implied Representations
• The Contractor’s Right to Rely on Site Data and Its Duty to Review Site Conditions
• Will the Court or Board Enforce the Owner’s Disclaimer of Liability for Site Data?

The Government’s Duty to Disclose Superior Knowledge Regarding Site Conditions
• The Scope of the Duty
• Example Scenarios
• Interplay With Private Construction Contracts

Contract and Risk Management Practices
• Use of Pre-Bid RFI’s Leading to Amendments or Addenda to the Solicitation
• Mechanics of the Changes and Differing Site Conditions Clauses

No Credit Available

Michael E. Wagner, Jr.-Seyfarth Shaw LLP