Boilerplate Language in Construction Contracts: Avoiding Unintended Consequences, Implementing Practical Solutions

Boilerplate provisions are common to most contracts and are often overlooked during the drafting process, especially when using industry standard agreements. Such provisions can include final completion standards, arbitration, choice of forum, choice of law, excusable delay, insurance, liquidated or consequential damages, dispute resolution, assignment, notice, and jury waiver.

Boilerplate provisions are often reused from one contract to another without thought about their potential project-specific impact if something goes wrong between the parties. However, these clauses contain significant business and legal implications that can produce unwanted future results if not tailored to the specific circumstances of the project. Neglecting to give boilerplate provisions the same treatment as more commercial provisions can unintentionally defeat the parties' contractual intent and cause significant losses.

Construction counsel should be aware of negotiating and drafting considerations for boilerplate clauses to better tailor these to specific projects in anticipation of future disputes.

Listen as our expert panel examines the use of boilerplate clauses in construction contracts. The panel will identify common boilerplate provisions, discuss the pitfalls unique to the construction industry that are associated with these, and address how to minimize risk by tailoring these provisions to fit a specific project.