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New FASA Video-on-Demand Examines Killer Contract Clauses

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The Foundation of the American
Subcontractors Association, Inc.

1004 Duke St., Alexandria, VA 22314-3588 •

FOR RELEASE, June 19, 2017
Contact: Marc Ramsey, (703) 684-3450, Ext. 1321,

New FASA Video-on-Demand Examines Killer Contract Clauses

ALEXANDRIA, Va.—You are negotiating a new construction subcontract. There are always some clauses you question. Some look innocent. Others you believe are non-negotiable. Others are just horrible—killer contract clauses—and they are out to get you!

“Seldom is a general contractor’s contract form a fair and balanced contract. Why would it be?” says Russell O’Rourke, Esq., Meyers, Roman, Friedberg & Lewis, presenter of the Foundation of the American Subcontractors Association’s new video-on-demand, “Killer Contract Clauses.” “It was written by his or her lawyer to protect the contractor, not you. It has every bad clause in it the lawyer could think of to protect the contractor, but with the purpose of being negotiable.”

In the video-on-demand, O’Rourke examines some of the worst clauses subcontractors are bound to encounter, what they mean to their businesses, and how to negotiate “killer contract clauses” away so subcontractors have a reasonable contract. O’Rourke’s discussion covers pay-if-paid; retainage; change orders; no liens; dispute resolution with venue and choice of law; indemnification; flow-down; expanding scope of work; no damages for delay; waiver of claims by accepting final payment; non-compete agreements (even with your existing customers); personal liability for corporate default; and uncompensated schedule/sequencing changes.

Killer Contract Clauses” (Item #8104) is $65 for ASA members and $95 for nonmembers. This and other on-demand videos are available through FASA’s Contractors’ Knowledge Depot.

FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry.


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