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Contract Interpretation/Risk Allocation Clauses in Contracts Instructions: Below

ID: 464555 • Letter: C

Question

Contract Interpretation/Risk Allocation Clauses in Contracts

Instructions:

Below is a “subset” of some of the key risk allocation provisions that are typically included in a contract between an owner and general contractor for a standard design-bid-build project.

For this exercise, review the AIA A201 (2007) version of the Owner/General Contractor General Conditions of the Contract for Construction (as posted on Blackboard) to determine if the risk allocation clauses indicated below are included. If so, then identify the section where such provision is located.

Yes/No

Risk Allocation Clause

Contract ¶

No-Damages-for Delay Clause

Design and Drawing Review Clause

Overhead/profit limitation

Dispute resolution procedure

Site investigation obligations

Differing site conditions

Suspension of work

Termination for convenience

Testing/inspection requirements

Insurance requirements

Liquidated damages

Change Order provisions

Final acceptance

Warranty requirements

Termination Provisions

Yes/No

Risk Allocation Clause

Contract ¶

No-Damages-for Delay Clause

Design and Drawing Review Clause

Overhead/profit limitation

Dispute resolution procedure

Site investigation obligations

Differing site conditions

Suspension of work

Termination for convenience

Testing/inspection requirements

Insurance requirements

Liquidated damages

Change Order provisions

Final acceptance

Warranty requirements

Termination Provisions

Explanation / Answer

Yes/No Risk Allocation Clause Contract Yes No-Damages-for Delay Clause Section 3.7 Yes Design and Drawing Review Clause Section 1.1 Yes Overhead/profit limitation Section 3.7 Yes Dispute resolution procedure Section 15.4 Yes Site investigation obligations Section 3.2 Yes Differing site conditions Section 3.2 Yes Suspension of work Section 2.3 Yes Termination for convenience Section 14.4 Yes Testing/inspection requirements Section 3.2 Yes Insurance requirements Section 11.1 No Liquidated damages NA No Change Order provisions NA No Final acceptance NA No Warranty requirements NA Yes Termination Provisions 14.4

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