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Construction Site Data Disclaimers: Who Really Carries the Risk?

 

Understand the use and enforceability of such disclaimer clauses and the contract risk management techniques used to mitigate downside risk.

Differing site and concealed conditions are routinely encountered on public and private construction projects. Whether the construction project focuses on new construction or a renovation of an existing structure the risk of differing or concealed conditions is always significant. The owner desires certainty in bidding, desires to transfer the risk to the contractor yet seeks the lowest bid for the work. The contractor desires to submit a competitive price yet understand and cover the cost of the work it will ultimately perform.
This material presents the owner and the contractor's perspectives on the risk of differing or concealed site conditions and the role disclaimers of liability for site data plays in managing the risk. Learn the use and enforceability of such disclaimer clauses and the contract risk management techniques owners and contractors use to mitigate downside risk.

Agenda

Faculty

Michael E. Wagner, Jr.

Michael E. Wagner, Jr.

Seyfarth Shaw LLP

  • Attorney in the national Construction Practice Group of Seyfarth Shaw LLP
  • Practice includes the representation of owners, developers, design professionals, general contractors, and subcontractors in complex construction, design, and surety-related disputes on both public and private projects
  • Counsels clients on mechanic’s liens, payment and performance bond matters, delay and impact claims, design errors and omissions, subcontractor disputes, and construction defects
  • Previous general contractor where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects
  • J.D. degree, cum laude, University of Baltimore School of Law; B.S. degree, magna cum laude, Mount St. Mary’s University
  • Can be contacted at 202-828-3592 or [email protected]

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