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沃伦·巴菲特(Warren Buffett)认为“风险来自不知道您在做什么。’这适用于我们的行业,因为业主要求承包商承担施工后可能遇到的不准确的合同文件以及未知或不同的现场条件的风险。得克萨斯州法律允许“合同自由” - 所有者可以将这些风险转移给承包商。如果合同包含对谁负责这些风险的不清楚或矛盾的语言,会发生什么?法官或陪审团可以决定双方的意图。Mastec North America Inc.诉El Paso Field Services LP说明了这种非常熟悉的事实模式
Contractors spend considerable time negotiating contracts before signing up to do a project. Particular attention is often paid to provisions that shift risks between the parties, such as liability for damages, non-payment, insurance, delays and concealed job-site conditions. By the time a contractor executes a contract, he usually knows exactly what he is signing. But the same attention may not be given to language in other contract documents that are signed during the course of constructing the project, such as payment applications and releases. Provisions that a contractor accepts after thorough negotiations can be drastically modified with the simple stroke
Construction businesses today do not have the margins to write-off cost overruns or unpaid contract balances as they could have in the past when there were more projects and higher profits. More parties are willing to fight for the last dollar. These disputes can add up, and the attorney’s fees can be disproportionately large. Without a compromise or other alternative, construction businesses must proceed with litigation and hope to manage attorney’s fees so they do not approach -- or exceed -- the amount in dispute. But there are other options. The American Arbitration Association, or AAA, and JAMS, the “Resolution