CECA has published part two of our guide to managing onerous clauses in construction.
Onerous amendments to standard form construction contracts, as well as onerous clauses within bespoke contracts, can be detrimental to all those working in construction and lead to non-optimal outcomes for contractors and clients.
Although such provisions may be inserted into contracts with the best of intentions in order to manage risk and ensure cost certainty, they can have unintended consequences which can undermine supply chains, slow innovation, and drive inefficiencies.
To address this CECA published ‘Managing Onerous Clauses (Part 1): A Guide for Civil Engineering Contractors‘ in 2023. This month’s publication, which is free to download here, builds on this work, which has been led by CECA’s Legal & Commercial Group, and focusses on less common but potentially onerous clauses. A final document (Part 3) will be published early in the new year, and will explore managing commercial terms.
If you would like to know more about this work, or if you are a CECA member and would like to get involved in our Legal & Commercial Group, contact CECA Director of Operations Marie-Claude Hemming.