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Please make a Infographic for Chapter 12 of CMGT 625.Contracts & Legal Issues in Construction. or below is screen shot for chapter 12. _ CONSTRUCTION
Please make a Infographic for Chapter 12 of CMGT 625.Contracts & Legal Issues in Construction. or below is screen shot for chapter 12.
_ CONSTRUCTION LAW CONSTRUCTION MANAGERS e Chapter 12 Defenses to Claims of Design Professional Liability Contractual Risk Control Contract provisions are an important tool to manage and allocate risks, in addition to rights and responsibilities. Scope of services: Clarity is important; Design professional's role in determining how the work is being performed; Responsibility for the contractor's noncompliance. Contractual Risk Control Standard of Performance: Insert the desired professional standard; Avoiding language that goes too far in promising specific or hard to measure results, such as fitness, suitability, guarantee, achieve... Exclusion of Consequential Damages Contractual Risk Control Limitation of liability clauses: Seek to cap the design professional's liability to a specified maximum amount such as a particular sum or the design fee. Relationship with professional liability insurance. Indemnification provisions for third-party claims. Commercial transactions versus consumer transactions and exculpatory clauses. Contractual Risk Control Immunity for decision making: Provisions should be incorporated in contracts for design services and construction services. Contractual statute of limitations: Parties may agree to a shorter period than provided by statute. Reasonableness test. AIA approach. Third-party claims and intended beneficiary provisions. Dispute resolution mechanisms. Summary Beyond challenging the claims themselves, statutory defenses potentially available for design professionals. There are many "\"tools\" to manage risks and liability for claims through contract provisions. Prioritizing risks is very important because commercial reality and negotiating dynamics limit how much parties can incorporate in the contract. Learning Objectives Identifying the most common legal defenses utilized by design professionals when facing claims by clients and third parties. Exploring how contract provisions can be used to allocate risks between parties, and in particular how provisions can be used to manage risks and liabilities for design professionals. Defenses: Acceptance of the Project Owner knows about defect at time of taking possession of completed proiect, vet does not object or reduce payment. Possible waiver of later claim. However, AIA contract makes clear that final payment does not bar most later claims by owner. Acceptance typically does not bar third-party claims. Defenses: Statutes of Limitations Statutes of limitations prescribe a designated must be brought. DefenseStep by Step Solution
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