Negotiating and Drafting the Civil Engineering Contract

Abstract

AS our society becomes more litigious, our business dealings require more caution and, as part of that cautious approach, it is prudent to use written contracts to define the parties' rights and obligations, and to define limitation or liabilities wherever possible. This paper presents a concise explanation of some pertinent areas of contract and tort law, and the concept of negligence as each applies to the civil engineering contract. Further, since requests for proposals and proposals often conflict, general concepts for handling some of those frequently occurring contrary terms are included. It also discusses liabilities specifically determined by the nature of the business enterprise and the context of the sole proprietorship, the partnership, and the corporation, as well as the professional consideration of malpractice. Finally, the writer presents selected clauses for consideration, and the applicability of each in the scheme of the engineering contract. This paper deals with general legal theories and is not intended as a substitute for legal advice as it applies to a specific person, business, or circumstance. In addition, since it deals with generalities, the particular circumstances of an individual case may significantly vary liability. The intent of this paper is to alert you to a few of the many areas of potential liability. Consult an attorney for guidelines and assistance when engaging in business transactions.