Many ambitious company owners and their attorneys pride themselves on always getting the best deal in a contract for a construction project. Often, they consider a successful contract to be one in which they’ve accepted as little risk for the project as possible and pushed most, if not all, of the risk to other parties.
Initially, it may seem like one side walked away with a great deal. In reality, however, unfairly allocating risk could severely delay and increase the costs of the construction project when something goes wrong. While a party may initially have “agreed” to take on the risk contractually, it may also try to dispute the issue in court or before arbitrators when faced with a cost for which it doesn’t believe it should be responsible.
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