Contract Reviews

Contract Reviews

 

C-Risk can help align contractual liability and indemnification with contract performance and privity issues by using risk transfer, risk retention, and risk allocation methods. Contract reviews are focused on specific types of project delivery methods used, contract formation, and the recommended use of standard contract terms, conditions, and language. We focus primarily on contract insurance coverage requirement provisions. We collaborate with legal counsel on indemnification provisions to correlate the indemnity language in the insurance provisions with the indemnification clauses in contracts. We also review and evaluate other exculpatory provisions typically used in contracts. In addition, we review contract administration and claim management processes associated with the risk management function.

 

C-Risk has practical experience in contract management, which includes the drafting, negotiation, execution and administration of construction contract terms and conditions, focusing primarily on contractually stipulated insurance requirements. We are knowledgeable of most standard form contract documents currently being used and a variety of exculpatory clauses for contractual liabilities, exposures, defenses, and remedies.

 

C-Risk provides contract reviews with a primary focus on contract insurance provisions and indemnification language. We review and make recommendations on incorporating stringent insurance requirements as an effective contractual risk-transfer method. We also review contract process, compliance, management and control methods, which can greatly assist in the mitigation of contractual liability exposures. We offer practical advice on avoiding ambiguous language and problematic clauses in standard form contracts and dubious contract terms & conditions. Contract reviews address most contractual risk-transfer attributes to ensure that contract provisions stipulate the requirement for a client or project owner obtaining additional insured status when executing contracts for construction.

 

C-Risk can also collaborate through our national network of other independent construction, insurance and risk management consultants. Many of these strategic partnerships and collaborative relationships are with professionals who are affiliated with prominent construction law firms. These attorneys specialize in construction contract law, contract drafting, and dispute resolution. Most of these attorneys represent project owners, construction contractors, and A/E design professionals. We usually collaborate with attorneys and law firms on large construction projects that require a more detailed contact review by a licensed legal professional who is cognizant of complex contractual risk-transfer issues.