Retaining Wall Network

Retaining Wall Design Contracts

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Obviously, retaining wall design involves contracts.  These contracts between the Engineer and the Client are important.  Does the contract benefit both parties?  Is using contracts a win-win?

Contracts are important to:

  1. Memorialize everyone’s understanding of each party’s roles and responsibilities;
  2. Reach a mutual understanding of the project requirements;
  3. Establish the rules to which the parties will adhere; and,
  4. To identify and allocate risk fairly.

A good contract fairly allocates reasonable risk to both parties, based on the benefits of the project to each party.

Here’s an example of fair allocation of reasonable risk:  when the contract includes a Limitation of Liability for the Engineer.  Why, you might ask, am I limiting the Engineer’s liability and how is that fair?

Well, here’s how it is fair:  The Engineer doesn’t demand an Unlimited Fee.  With an unlimited fee comes unlimited liability.  With a limited fee there is limited liability.

Sounds fair to me.  What do you think?

December 13, 2013 |

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