Contract Risk Management for Airport Agreements (2016) / Chapter Skim
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3 CONTRACT RISK MANAGEMENT FOR AIRPORT AGREEMENTS By Robert Alfert, Jr., and Douglas E Starcher, Broad and Cassel, Orlando, Florida INTRODUCTION The operation of airports involves significant risk.
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4 construction administration representation to security, financial services, and so on. Although not a direct risk issue, the success of these agreements turns on the clear delineation of three key points: scope, schedule, and price.
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5 Example/Sample Provision The following is an example of how damages for delay may be addressed to mitigate risk in a professional services agreement: The Architect/Engineer shall promptly review and approve shop drawings, samples, and other submissions of the Contractor(s) for conformance with the design concept of the Project Element(s)
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6 Example/Sample Provision The following is an example of how indemnity and duty to defend may be addressed to mitigate risk in a professional services agreement: A Consultant hereby agrees to defend, indemnify, and hold harmless City [Owner]
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7 • Distinguish between termination of all or part of project. • Address how compensation will be determined in event of termination for cause and termination for convenience ("For cause" termination should allow the right to withhold payment in an amount that reasonably covers damages and impacts to the airport, while "for convenience" termination should allow compensation only for work performed and perhaps reasonable termination expenses, such as demobilization)
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