Comments on: Standard Form Construction Contracts – Friend or Foe? http://kluwerconstructionblog.com/2010/07/23/standard-form-construction-contracts-%e2%80%93-friend-or-foe/ Just another Kluwer Blog Mon, 14 Mar 2011 13:57:32 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Kennesaw Plumber http://kluwerconstructionblog.com/2010/07/23/standard-form-construction-contracts-%e2%80%93-friend-or-foe/comment-page-1/#comment-10222 Kennesaw Plumber Mon, 30 Aug 2010 15:43:01 +0000 http://kluwerconstructionblog.com/?p=621#comment-10222 It always pays to tailor every contract according to the particular job you are doing.Been there done that and have gotten royally screwed without advice from an attorney on large jobs you are taking a big risk.I was sued for recommending a painting contractor and the guy one the case because my contract was very weak in fine print. It's good practice to always write every worst case scenario down for a job and make your contract specific to that particular job.I made a ten thousand dollar mistake by not doing this but it will never happen again It always pays to tailor every contract according to the particular job you are doing.Been there done that and have gotten royally screwed without advice from an attorney on large jobs you are taking a big risk.I was sued for recommending a painting contractor and the guy one the case because my contract was very weak in fine print. It’s good practice to always write every worst case scenario down for a job and make your contract specific to that particular job.I made a ten thousand dollar mistake by not doing this but it will never happen again

]]> By: Gaston Bilder - International Legal Counsel, Community Relationships http://kluwerconstructionblog.com/2010/07/23/standard-form-construction-contracts-%e2%80%93-friend-or-foe/comment-page-1/#comment-8213 Gaston Bilder - International Legal Counsel, Community Relationships Tue, 03 Aug 2010 19:13:04 +0000 http://kluwerconstructionblog.com/?p=621#comment-8213 Dear Sachin and George, Thank you very much for this interesting article describing the pros and cons of SFCCs. Certainly the more developed that a market becomes, the likelier that you will find a SFCC (and possibly a local/regional one). As you indicate, there is no cookie cutter SFCC that will address your client's needs and be fully compliant with local law (provided that it is the applicable law), nevertheless they are a good starting point which experienced parties prefer sometimes over a specific company's "standard" forms. Kind regards, Gastón Bilder International Legal Counsel Visit http://www.derechoyrse.blogspot.com Join http://groups.google.com/group/dcorporativo Dear Sachin and George,

Thank you very much for this interesting article describing the pros and cons of SFCCs. Certainly the more developed that a market becomes, the likelier that you will find a SFCC (and possibly a local/regional one). As you indicate, there is no cookie cutter SFCC that will address your client’s needs and be fully compliant with local law (provided that it is the applicable law), nevertheless they are a good starting point which experienced parties prefer sometimes over a specific company’s “standard” forms.

Kind regards,

Gastón Bilder
International Legal Counsel
Visit http://www.derechoyrse.blogspot.com
Join http://groups.google.com/group/dcorporativo

]]> By: Richard Wynn http://kluwerconstructionblog.com/2010/07/23/standard-form-construction-contracts-%e2%80%93-friend-or-foe/comment-page-1/#comment-8164 Richard Wynn Tue, 03 Aug 2010 04:55:14 +0000 http://kluwerconstructionblog.com/?p=621#comment-8164 Another key section which may need consideration in a SFCC are the insurance requirements. What is required and commercially available in one jurisdiction may not be so readily available in another. The UAE in particular has very different liability laws to other other territories, which results in broad insurance coverage which may be availabe in Europe and treated as standard in a SFCC not being available at all. Sadly the insurance buying process usually occurs after the contracts have been signed, and the failure to procure these insurances can lead to stage payments deing delayed due to breach of contract. It is advisable to consider the commercial availability of the insurance before signing the contract. If in doubt, speak to a specialist insurance broker. Richard Wynn, Howden Insurance Brokers LLC, Dubai. Another key section which may need consideration in a SFCC are the insurance requirements. What is required and commercially available in one jurisdiction may not be so readily available in another. The UAE in particular has very different liability laws to other other territories, which results in broad insurance coverage which may be availabe in Europe and treated as standard in a SFCC not being available at all. Sadly the insurance buying process usually occurs after the contracts have been signed, and the failure to procure these insurances can lead to stage payments deing delayed due to breach of contract. It is advisable to consider the commercial availability of the insurance before signing the contract. If in doubt, speak to a specialist insurance broker. Richard Wynn, Howden Insurance Brokers LLC, Dubai.

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