Risks in Construction Contracts – Unforeseen or Unforeseeable?

July 16, 2020 1:15pm

Lianne J. Armstrong
Lerners LLP

Michael Swartz
WeirFoulds LLP

Robert Poole
Managing Director, Construction Solutions
FTI Consulting

Whether a risk is unforeseen or unforeseeable is not always a conscious and intentional distinction that parties to construction contracts make. Shifting course due to unforeseeable circumstances may constitute a legitimate change of scope, but failing to foresee events that ought to be reasonably anticipated constitutes a change of plans that confronts you with financial loss or liability. Hear from our panel of experts:

  • How to distinguish between the two types of risk
  • What kinds of risks tend to be overlooked at the contract negotiation stage
  • Maximizing your awareness and preparedness for any potential setbacks over the course of your project’s execution