An avoidance clause shifts potential liability, in whole or in part, from one party to another.
This is not necessarily a bad thing. There are several different avoidance clauses that can be included in a contract and in some cases there can be more than one. Look at whether the clause shifts potential liability from one party to another and remember that the existence of an avoidance clause doesn’t necessarily make the party protected by the clause the bad guy because sometimes clauses serve legitimate business interests. This video discusses whether or not the implied covenant of good faith and fair dealing be waived, and reviews changing implied contract duties.
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law and litigation section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of graduate courses in Design and Construction Law and Real Estate Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Contact information [email protected], [email protected], or (404) 815-3711
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