Nasty Clauses To Avoid

Here is a sampling of real-life horror clauses to watch out for, assembled by David Bristow, Q.C., partner, Team Resolution Mediation & Arbitration.

  •  Should any dispute arise between the contractor and the owner respecting anything contained in the contract or the drawings and specifications or in any way relating to the said works, or should any dispute occur from any cause whatsoever during the continuance of this contract, the determination of the owner shall be final and conclusive.

  •  In addition to the drawings accompanying the specifications and the contract, further drawings will be prepared to illustrate the works, and such drawings shall be considered as drawings under the contract.

  •  Where materials are not specifically described, they shall be of a kind best suited, in the opinion of the owner to the purpose for which it is intended.

  •  The subcontractor has thoroughly familiarized himself with building site conditions, has inspected the site and assumes all risks therefrom.

  •  The contractor shall from time to time adopt such approved construction or operating methods in carrying out of the work and as many be called for by the owner.

  •  The owner shall, at all times, have absolute control in the direction of the works.

  •  The owner may, by an order in writing, at any time, stop or suspend all or any part of the work or direct any portion to be commenced or completed in priority to any other part or portion, or may cancel the order to proceed with the work or with any part thereof and the contractor shall not thereby be entitled to any additional payment to claim for any loss, profit or anticipated profit or for damages or otherwise howsoever by reason of such order.

  •  Such works as directed by the owner shall be proceeded with and completed when so directed so as to allow the owner to use part or parts of the building prior to the general completion of the works.

  •  The subcontractor agrees to complete and deliver up the several portions of the subcontract as and when required by the contractor’s job superintendent.  If required by the contractor, the subcontractor shall use such overtime as may be necessary in the job superintendent’s discretion to maintain the time or times listed above at no extra cost to the contractor.