Contractual Risk Allocation
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| Author | : Helena Haapio |
| Publisher | : Routledge |
| Total Pages | : 149 |
| Release | : 2017-03-02 |
| Genre | : Law |
| ISBN | : 1351961845 |
Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.
| Author | : Wan Zulhafiz Zahari |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
This paper focuses on the contractual mechanisms that will help to achieve a fair allocation of risk between operators and contractors in the oil and gas projects. Companies that are actively dealing with a wide range of activities which engage volatile hydrocarbons are exposed to substantial risks and liabilities. In this regard, most of the petroleum contracts for upstream projects depart from the common law tradition of risk allocation by shifting the risk to another party; this is done to protect commercial interests. To achieve this goal, contractual provisions are used in allocating the risks; especially those related to people, property and the environment. Risk allocation provisions deal with hypothetical events -- this means that the identity of the person bearing the liability which will accrue if certain events take place is determined in advance. Such clauses are intended to ensure that, where harm arises, oil companies take responsibility for such harm and can meet the costs of mitigating that harm, including requirements for insurance and the allocation of liability. These clauses are also known as risk allocation provisions. Contractual risk allocation is one element of risk management between or among the parties involved in an undertaking. This is particularly challenging in the oil and gas industry where several parties are involved in one project. A range of risk allocations are used in oil and gas contracts, including exclusion of liability and liability caps. The paper discusses several mechanisms of risk allocation in oil and gas contracts and the issues pertaining to this matter.
| Author | : |
| Publisher | : |
| Total Pages | : 28 |
| Release | : 1988 |
| Genre | : Construction contracts |
| ISBN | : |
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 68 |
| Release | : 2007-10-09 |
| Genre | : Technology & Engineering |
| ISBN | : 030917998X |
The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
| Author | : David Downie |
| Publisher | : Blue Peg Publisher |
| Total Pages | : 36 |
| Release | : 2012-11-23 |
| Genre | : Commercial law |
| ISBN | : 9781922159427 |
Every commercial transaction involves risk. Negotiating the terms of a contract that gives effect to a transaction provides an opportunity to transfer that risk to someone else through the use of common drafting mechanisms including warranties, indemnities, exclusion clauses and insurance clauses. This book provides a practical guide to approaching these clauses so as to ensure your interests are best protected. The importance of each clause is highlighted along with helpful tips drawn from the long experience of the authors in drafting, negotiating and interpreting commercial contracts in their everyday practice.
| Author | : Deborah Pereira Pinto dos Santos |
| Publisher | : |
| Total Pages | : 186 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
| Author | : Petri Keskitalo |
| Publisher | : |
| Total Pages | : 313 |
| Release | : 2000 |
| Genre | : Contracts |
| ISBN | : 9789521403187 |
| Author | : Prof Dr. Mostafa H. Kotb |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 2020 |
| Genre | : |
| ISBN | : |
Contracts are a vital tool in the projects for many justifications and it gains this level of importance as it represents the most powerful tool that enforces any decision. We will not exaggerate if we said that the contact is the gate of all project management processes. They define the various aspects, obligations, and relations between each party that are necessary to reach a common planed goal.Therefore, the contract shall be well-drafted to allocate risk properly and clearly which is the main purpose of the contract. Fair allocation of risk supports reaching a better level of project control which will result in optimum project cost and finish with contractual duration, quality, and the other constraints.There are several studies and surveys were conducted on risk allocation to reach the criteria of allocation and the influence of the allocation, however; risk allocation faces many barriers that came from the project parties themselves and their infrastructure. These barriers shall be defined well in order to overcome it and finally allocate the risk properly. The contractual parties shall do this identification and collaborate as long as the process of risk allocation is active.This paper aims to determine the major barrier of risk allocation and provide an assessment to rank these barriers based on a conducted questionnaire.
| Author | : Deepankar Sharma |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
The paper aims to shade intensive lights over risks allocation and its related aspects embedded with a construction contract. For this purpose, an in-depth study of different types of risks which generally arisen in large sized construction projects is presented within the paper. For making the context clear, the paper elaborates some significant information about construction contract and different parties which are generally involved within a construction contract. In this section, the nature of different construction contracts is also discussed, which becomes a prime reason behind different types of risk in the contract. Further, the paper discusses different types of risks availed by different parties so that raw data for proper risk allocation can be collected. Further section of the paper is related with the risk allocation in a construction contract. The section explores disclaimer method for transferring risk from one party to other. Furthermore different roles played by different parties in the mitigation of risks in a contraction contract are also explained in the paper. The contractor under a construction contract is invariably required to carry out and complete the project by a specified date. This requirement is often accompanied by an obligation to produce a construction programme and to keep it up to date. There may be a contract administrator with powers to approve the programme. This paper identifies matters in relation to these obligations over which the parties can be in dispute and examines the legal principles governing their resolution. The matters include the contractor's choice of type of programming method, consequences of the contractor's failure to comply with its programming obligations, the contractor's right to complete earlier than required and delay from concurrent causes. Contracts for the construction of roads, buildings and other works present certain special features from the legal perspective. Having regard to the importance of these contracts in the economic life of the country, it is proper that their legal significance be examined in some detail.
| Author | : Troy M. McClelland |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1996 |
| Genre | : Construction contracts |
| ISBN | : |
General conditions used by forty-four owners when contracting for construction services were obtained and studied for risk allocation techniques. Additionally, interviews were conducted with twenty-five construction professionals to study how risk is allocated during actual project completion. The study provides a broad view of risk allocation techniques used in specific clauses and of risk allocation in actual practice. The study does not profile the prevalence of risk allocation between contractor and owner, rather, the sole purpose of the study is to identify common contract provisions where risk allocation varies and actual practices that place varying amounts of risk on contractors.
