C-Risk specializes in contract reviews. We are construction practitioners and understand the contractual liability and indemnification issues associated with construction contracting. We are also insurance facilitators and work with construction contractors to reduce insurance costs by proportionally balancing contract indemnification risk with contract performance and privity issues, utilizing risk transfer, risk retention and risk allocation methodologies.

Many C-Risk consultants have practical experience in contract management, which includes the drafting, negotiation, execution and administration of contract terms and conditions. We are extremely knowledgeable of standard form contract documents currently in use, and with a variety of exculpatory clauses and contractual liabilities, exposures, defenses, and remedies.

C-Risk provides the following Contract Review services:

  Contract Delivery Methods

      General Construction Contracts (Design-Bid-Build)

      Design-Build Contracts (Self-Performed or Subcontracted Design)

      EPC Contracts (Engineering, Procurement and Construction)

      Construction Management Contracts (CM At-Risk or Agency CM)

      Fast Track Contracts (Phased Design and Construction)

      Joint Venture or JV / Design-Build Contracts

      Contract Delivery Comparison Studies (GC, D-B, or CM?)

  Contract Formation

      Lump Sum Contracts (Stipulated Sum)

      Cost Plus Contracts (Fixed Fee or Percentage)

      Unit Price Contracts (Labor Time and Materials, T&M)

      Guaranteed Maximum Price Contracts (GMP)

      Governmental Contracts (DOD or DOE)

TOP

  Contract Documents

      American Institute of Architects (AIA)

      The Associated General Contractors of America (AGC)

      Design-Build Institute of America (DBIA)

      Engineers Joint Contract Documents Committee (EJCDC)

      Construction Management Association of America (CMAA)

  Contract Terms & Conditions

      Contract Language (Wording, Enforceability and Insurability)

      Exculpatory Clauses and Difficult or Ambiguous Language

      Contractual Liability Exclusions (Hold Harmless Clauses)

      Liquidated Damages, Schedule Delay and Force Majeure Clauses

      Privity of Contract and Subcontract Administration Issues

  Contract Indemnification Agreements

      Limits of Contractual Liability

      Form Types: Limited Form, Intermediate Form and Broad Form
          (a.k.a., the Good, the Bad, and the Ugly)

      Third Party Actions and Subcontract Indemnification Clauses

      Risk Assumption, Risk Transfer, Risk Allocation and Risk Mitigation

  Contract Liabilities and Exposures

      Breach of Contract (Warranty, Bonding and Subcontractor Default)

      Liquidated, Consequential and Punitive Damages

      Design Responsibility (Design Assumption or Design Delegation)

  Contract Administration and Claim Management

      Contract Negotiation (Client Advocate with Objective View)

      Contract Claim Prevention (Change Order and Claim Analyses)
          (a.k.a., Forensic Project Management)

      ADR (Arbitration, Mediation) and Litigation Support

C-Risk provides the contract review services delineated above on an individual or bundled basis. Our primary focus is to advise on effective contract management methods and to assist in the mitigation of contractual liability exposures. We provide sound advice on the use of project delivery methods, standard form contracts, contract terms & conditions, and indemnification provisions that coincide with each clients construction operations.

With C-Risk being a national network of independent construction, insurance and risk management consultants, we have partnered with several national construction law firms that concentrate in construction contracts and represent construction contractors and A&E design professionals. We collaborate with these firms periodically on projects that require a detailed review by legal council for more complex indemnification and contractual risk transfer issues.

For additional information about C-Risk and how we can assist you with your company's construction risk management program requirements, please contact us at 503-228-0884 or email consulting@c-risk.com.