Notes
Slide Show
Outline
1
Owner Contractual Claims
and Provisions
  • Dennis J. (“Den”) Webb, Jr.
2
The Contract
  • “It’s the Economy Contract, Stupid”
3
The Contract
  • Pick the Right Contract
  • Know the Contract You Pick
4
The “Owner Clauses”
  • Termination
  • Warranty/Defective Workmanship
  • Waiver of Consequential Damages
  • Liquidated Damages
  • No Damage for Delay
  • Changes
5
Termination
  • Why you Might Have to do the Unthinkable
  • Doing the Unthinkable the Right Way
6
Warranty/Defective Workmanship
  • Corrective Warranty v. Claim for Breach of Warranty
7
Waiver of Consequential Damages
  • Why the Waiver is Not Always a Fair Trade
    • What the Owner Gives Up
    • What the Contractor Gives Up
8
Liquidated Damages
  • How to Handle an Oxymoron
    • Lessons Learned on Drafting and Defending the Provision
9
No Damage for Delay
  • “The End of An Era?”
    • How Courts and Legislatures are Eroding the Clause
10
Changes
  • Waivers and Cumulative Impact Claims
11
Owner Contractual Claims
and Provisions