Firm or Flexible Commercial Terms? Identifying the Right Delivery Model for Your Project

July 17, 2020 8:30am

Andrew Wong
Osler, Hoskin & Harcourt

Ethan McCarthy
Osler, Hoskin & Harcourt LLP

Owners and contractors in different industries come to the negotiating table with varying interests and concerns based on the realities of their industry. Firm commercial terms are a priority for some smaller parties due to tight margins, whereas parties engaged in larger and more complex projects in which changes are inevitable may be open to more flexible commercial terms. The scenarios are many, based not only on the industry but the specific interests of the party and nature of the project.

  • Understand the evolution of trends in project delivery models in the construction industry
  • Identify the advantages and limits of stringent or flexible pricing arrangements and which is more advantageous to you
  • Allocate risk in an informed and reasonable manner through the use of a risk matrix