Unfair Contract Clauses, Clause #1 in the Construction Series- Termination for convenience
At Aegis Contracts Management, while supporting Contractors (& Subcontractors), we frequently see overwhelming number of unfair contract clauses that could easily put Contractors and Subcontractors at a severe disadvantage, quite possibly even at Liquidation Risks too.
These clauses are often hidden within the fine print, designed in a way that shifts risks and liabilities unfairly onto the parties with less negotiating power. From clauses that allow one-sided termination rights to those that impose unreasonable penalties for delays, these contract terms can jeopardize the financial stability, project timelines, and even the very existence of a contractor’s business.
It’s crucial to identify and address these clauses proactively to ensure that contracts are fair, balanced, and protect the interests of all parties involved.
I plan to write a series on some of these unfair contract clauses! This series is specifically for Contractors and Subcontractors who want to ensure their contracts are fair, balanced, and protective of their rights. Contracts can often contain clauses that, if not carefully examined and negotiated, can lead to significant risks and financial losses. This series will attempt to understand these clauses, and strategies to safeguard your interests.
Here’s what we’ll cover in this series:
Termination for Convenience
Unilateral Variations
Unreasonable Time Bars
Broad Indemnity Clauses
Liquidated Damages
Principal Discretion Clauses
No Damages for Delay
Proportionate Liability Exclusion
Unilateral Price Increases
Obligation to Work at Risk
Fitness for Purpose Clauses
Pay-When-Paid Clauses
Strict Compliance Clauses
Automatic Time Extensions for Employer
Retention of Ownership Clauses
Concurrent Causes of Delay
Principle of Law Clauses
Condition Precedent Clauses
Open ended bonds
Automatic renewal guarantees
Each carousel will make a mention of a specific clause, explaining its potential impact, why it might be unfair, and how you can negotiate better terms. By the end of this series, I hope, you'll be equipped with the knowledge to identify and challenge unfair clauses, ensuring your contracts work for you, not against you.
Stay informed, stay protected, and ensure your contracts reflect the value of the work you deliver. The First Carousel in the series being- Termination for Convenience
#ConstructionContracts #ContractManagement #ConstructionLaw #Contractors #Subcontractors #LegalProtection #ConstructionIndustry #FairContracts #ContractorsRights #RiskManagement #EOT #DelayClaims #LiquidatedDamages