Contracts for Construction and Engineering Projects
Page 41
CHAPTER 4
Risk and construction contracts
Risk and construction contracts
14.1 Introduction
Contract risks refer to the chance that contractual objectives will not be fulfilled. The contract defines who bears the liability for the contract risks, and the form and/or terms of the contract can increase or decrease those risks from the norm. That is, use of the appropriate form or terms of a construction contract can play a major role in minimising the risk that the contractual objectives will not be fulfilled. The obverse is that use of an inappropriate form or terms of a construction contract can significantly increase the risk that the contractual objectives will not be fulfilled: