Onerous Contract Terms: Damages, Performance Guarantees, Default Triggers, and Other Contract Nasties

Recorded On: 08/17/2010

In today’s difficult economy, some construction owners have been emboldened to include more onerous terms in their contracts. Such terms can mean the difference between a contractor realizing its margin or having to go out of business. This presentation spotlights and explains critical terms that can make or break a construction contract and how to avoid or address so that they do not lead to disaster.

Richard H. Lowe

Partner, Duane Morris LLP

Richard H. Lowe concentrates his practice in construction and commercial litigation and construction law. He handles complex construction litigation, arbitration and mediation matters, for owners, contractors, design-builders, design professionals, sureties, subcontractors and suppliers, and has drafted and negotiated complex construction and design contracts for hospitals, schools, universities, power plants, and other industrial, commercial, and institutional uses. Mr. Lowe is a Fellow of the American College of Construction Lawyers, and recently he was elected to a three-year term to College’s Board of Governors. He is also a Fellow of the Chartered Institute of Arbitrators and is LEED Certified. Mr. Lowe repeatedly has been named as a "Super Lawyer" in construction in Philadelphia.

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