Why a contract with your retaining wall engineer is important

Obviously, retaining wall design involves contracts.  These contracts between the Engineer and the Client are important.  Does the contract benefit both parties?  Is using contracts a win-win?

Contracts are important to:

1.    Memorialize everyone’s understanding of each party’s roles and responsibilities;

2.    Reach a mutual understanding of the project requirements;

3.    Establish the rules to which the parties will adhere; and,

4.    To identify and allocate risk fairly.

A good contract fairly allocates reasonable risk to both parties, based on the benefits of the project to each party.

Here’s an example of fair allocation of reasonable risk:  when the contract includes a Limitation of Liability for the Engineer.  Why, you might ask, am I limiting the Engineer’s liability and how is that fair?

Well, here’s how it is fair:  The Engineer doesn’t demand an Unlimited Fee.  With an unlimited fee comes unlimited liability.  With a limited fee there is limited liability.

Sounds fair to me.  What do you think?

 

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