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Contract Mechanisms and Their Review
Module 1
W. Ronald Woods, P.E.
Course Outline
This course is
written from the perspective of an Engineer, not an attorney. While it contains
information believed to be legally correct by the author, it should not take
the place of appropriate legal review of a contract for Professional Services.
The intent of this course is to make the professional aware of contract provisions
and their implications, so that appropriate legal counsel can be sought.
This course includes
a multiple-choice quiz at the end, which is designed to enhance the understanding
of the course materials.
Learning Objective
At the conclusion of this course, the student will be familiar with:
- Contract Provisions;
- Standard of Care;
- Indemnification;
- Ownership of Documents;
- Sample Disposal and Management;
- Site Operations and Site Safety;
- Purchase Orders;
- Third-Party Reliance Letters;
- Releases of Liens; and
- Dispute Resolution.
Every Word Counts! Contract Mechanisms and Their Review - Module 1 (PDF, 21 pages, 521 KB).
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Course Summary
The information
contained in this booklet is based on experience and an attempted application
of common sense to the review and overview of contract issues as they affect
those in the engineering profession. It is by no means a legal treatise on all
the potential pitfalls of contract law, as there are volumes dedicated to the
subject in legalese and
jargon most of us as non-lawyers will never understand. The salient points of
this exercise were to point out the complexities of contracts, the ease with
which we can get
into trouble with their provisions, and the need to be careful in the conduct
of our professional activities from contract engagement through contract performance.
Related
Links and References
1. Case Studies
on Indemnity and Additional Insured Requirements, American Subcontractors Association,
Inc., 2003 (www.asaonline.com)
2. Frequently Asked Questions - Indemnity, American Subcontractors Association,
Inc., 2003 (www.asaonline.com)
3. Ki, Lori A., Using Indemnification Agreements as an Effective Risk-Transfer
Device, Aircraft Builders Council, Inc., 2000.
4. Flake, Richard P., Roach, Robert K., Nelson, Elaine E., “Risk Shifting In
Contract Documents”, Proceedings of the 4th Annual Construction
Law Conference, University of Texas School of Law, February 14 and 15, 1991.
Quiz
Once you finish studying the above course content, you need to take a quiz to obtain the PDH credits.
DISCLAIMER: The materials contained in the online course are not intended as a representation or warranty on the part of PDH Center or any other person/organization named herein. The materials are for general information only. They are not a substitute for competent professional advice. Application of this information to a specific project should be reviewed by a registered architect and/or professional engineer/surveyor. Anyone making use of the information set forth herein does so at their own risk and assumes any and all resulting liability arising therefrom.
