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Expect the best but plan for the worst: Negotiating contracts for remediation services
Authors:Diane R Smith
Abstract:The risks associated with environmental remediation projects are of concern to engineers, consultants, contractors, owners, and the public. The cost, scheduling, and other uncertainties inherent in performance of construction at sites contaminated by hazardous substances dictate caution with respect to contract terms. Further, the possibility that conditions will be exacerbated by the work, or the public or workers exposed to on-site substances, makes remediation projects of particular concern to those who will be held accountable for the effects and impacts of such substances. This article discusses particularly important contractual issues and suggests approaches for liability allocation and incentives. Practical, effective, realistic approaches to management of environmental remediation are presented, including the form of contract utilized, negotiated terms, attention to contractor selection and management, and the parties' relative economic strength.
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