The Bamberger Blog » risk management http://www.bamberger.com/blog Tue, 07 Feb 2012 13:30:16 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Limitations of Liability – Effective Risk Management http://www.bamberger.com/blog/2010/07/limitations-of-liability-effective-risk-management-2/ http://www.bamberger.com/blog/2010/07/limitations-of-liability-effective-risk-management-2/#comments Thu, 29 Jul 2010 13:47:16 +0000 kjewell http://www.bamberger.com/blog/?p=544 During these difficult economic times, general contractors, subcontractors, architects and engineers are spending extra time and effort in developing effective risk management strategies for their construction projects.  An important contract risk management strategy available for these entities is the inclusion of a well drafted limitation of liability provision in all of their construction related contracts.

While conducting an analysis of your company’s risks related to a particular construction project, I believe it is always important to consider whether your company’s potential liability exposure on a particular project is similar to and bears some relationship to the potential reward your company will receive from properly performing the project.  One of the ways to try to assure yourself that your company’s liability exposure is not out of proportion with its potential reward is to draft and include a limitation of liability in your company’s construction contracts.

My recommendation is that your limitation of liability provision be drafted in such a fashion that your company’s total liability for any and all claims related to the project shall in no event exceed the contract price for that project.  These types of limitations of liability are routinely enforced in the State of Indiana, and go a long way in helping your company have an effective risk management strategy with respect to its contracts.

If you need assistance in drafting a limitation of liability provision to include in any of your construction related contracts, the construction lawyers at Bamberger are ready to assist you in this endeavor.

Author:  Herb Davis  (bio)
Phone:  812.452.3538
email:  hdavis@bamberger.com

]]> http://www.bamberger.com/blog/2010/07/limitations-of-liability-effective-risk-management-2/feed/ 0 Construction Seminar – Contract Risk Management http://www.bamberger.com/blog/2010/04/construction-seminar-contract-risk-management/ http://www.bamberger.com/blog/2010/04/construction-seminar-contract-risk-management/#comments Tue, 20 Apr 2010 16:02:54 +0000 kjewell http://www.bamberger.com/blog/?p=446 Bamberger’s J. Herbert Davis will be the guest presenter at a luncheon seminar at Harding, Shymanski & Company on Thursday, May 13th from 12 noon to 1:30 pm.

The topic of the seminar is “Contract Risk Management” and it is intended to help you learn ways to better manage risks involved in your construction projects through effective contracting strategies.

The seminar will be held in Worthington Room in the lower level of Harding’s office, located at 21 SE Third Street in Evansville Indiana.  The seminar is free of charge and lunch will be provided.  CPE credits for CPAs will be awarded, however  no contractor CPE credits will be awarded.

To register for this event, call Christy at 812-491-1314 or email cragsdale@hsccpa.com by Tuesday, May 11th.  Please include your name, company, phone and email address. 

Author: Kim Jewell (bio)
Phone: 812.452.3588
email: kjewell@bamberger.com

]]> http://www.bamberger.com/blog/2010/04/construction-seminar-contract-risk-management/feed/ 0 Limitations of Liability – Effective Risk Management http://www.bamberger.com/blog/2009/11/limitations-of-liability-effective-risk-management/ http://www.bamberger.com/blog/2009/11/limitations-of-liability-effective-risk-management/#comments Fri, 13 Nov 2009 18:29:45 +0000 kjewell http://www.bamberger.com/blog/?p=262 During these difficult economic times, general contractors, subcontractors, architects and engineers are spending extra time and effort in developing effective risk management strategies for their construction projects.  An important contract risk management strategy available for these entities is the inclusion of a well drafted limitation of liability provision in all of their construction related contracts.

While conducting an analysis of your company’s risks related to a particular construction project, I believe it is always important to consider whether your company’s potential liability exposure on a particular project is similar to and bears some relationship to the potential reward your company will receive from properly performing the project.  One of the ways to try to assure yourself that your company’s liability exposure is not out of proportion with its potential reward is to draft and include a limitation of liability in your company’s construction contracts.

My recommendation is that your limitation of liability provision be drafted in such a fashion that your company’s total liability for any and all claims related to the project shall in no event exceed the contract price for that project.  These types of limitations of liability are routinely enforced in the State of Indiana, and go a long way in helping your company have an effective risk management strategy with respect to its contracts.

If you need assistance in drafting a limitation of liability provision to include in any of your construction related contracts, the construction lawyers at Bamberger are ready to assist you in this endeavor.

Author:  Herb Davis  (bio)
Phone:  812.452.3538
email:  hdavis@bamberger.com

]]> http://www.bamberger.com/blog/2009/11/limitations-of-liability-effective-risk-management/feed/ 0 Construction Law Forum – Risk Management During Difficult Economic Times http://www.bamberger.com/blog/2009/10/construction-law-forum-risk-management-during-difficult-economic-times/ http://www.bamberger.com/blog/2009/10/construction-law-forum-risk-management-during-difficult-economic-times/#comments Fri, 23 Oct 2009 16:16:10 +0000 kjewell http://www.bamberger.com/blog/?p=248 Join the attorneys at Bamberger for a complimentary forum on the best practices in construction law, where we’ll address various risk management topics and how they relate to the construction, engineering and architectural industries.  This informative seminar is scheduled for Tuesday, November 10th from 11:45 a.m. to 1:00 p.m.

We’ll also open the forum for group participation, so you can share and get answers to any issues you have experienced in the past or that you are currently struggling with.  It’s sure to be an informative session.  We hope to have you participate!

The forum will be held at Bamberger’s Evansville location on the 10th floor in the Hulman Building.  Lunch will be provided.  If you’d like to attend, please RSVP by Tuesday, November 3rd to Truda Hartmann thartmann@bamberger.com or by calling 812.452.3578.

Author: Kim Jewell (bio)
Phone: 812.452.3588
email: kjewell@bamberger.com

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