The document discusses "killer contract provisions" that present significant risks to contractors. Some of these provisions include short notice requirements, waiving claims and lien rights with progress payments, denying claims for damages due to project delays, one-sided dispute resolution processes, unlimited consequential damages, unreasonable liquidated damages, holding contractors responsible for scheduling and coordination outside of their control, and limiting contractor rights in the event of termination. The presentation was delivered by Craig Dirrim, a partner at Woods Aitken law firm.

1. KILLER CONTRACT PROVISIONS
PRESENTER:
CRAIG DIRRIM, PARTNER

2. KILLER CONTRACT PROVISIONS
 Short Notice Provisions – Not allowing adequate time to determine ramifications
of events on the project
 Claim Waivers and Releases with Pay Applications – Requiring contractor to
waive and release any claims connected with work included in pay applications
in order to receive progress payments
 Lien Waivers –Waiving contractor’s lien rights as part of contract
 No Damages for Delay – Denying contractor to seek any damages caused by
project delays (whether caused by contractor or not)
 One-Sided Dispute Resolution – Restricting the types of disputes, the
requirements for consideration and/or the venues that a contractor may utilize in
the resolution of project disputes

3. KILLER CONTRACT PROVISIONS
 No Limits on Consequential Damages – Providing no limits to the damages that
can be sought against the contractor
 High or Uncapped Liquidated Damages – Providing unreasonable or punitive
liquated damages against the contractor for late completion
 Scheduling of Work – Making contractor responsible for work progress entirely
out of its control
 Coordination of Work of Others – Requiring contractor to coordinate work of
parties with whom they have no contractual relationship or means to control
 Default or Convenience Terminations – Limiting contractors rights in the event
of contract termination

4. THANK YOU!
CRAIG DIRRIM
301 SOUTH 13TH STREET, SUITE 500
LINCOLN, NE 68508
(402) 437-8500
CDIRRIM@WOODSAITKEN.COM