Research Article
Dec 1978
History of Evasive Contract Phrases
Publication: Journal of the Construction Division
Volume 104, Issue 4
Abstract
Evasive contract phrases traditionally used in the general conditions of construction contracts require the contractor to idemnify and protect the owner and his agent (the engineer) against all claims regardless of the adequacy of the design, to investigate the site, design all temporary supporting structures, be liable for all damages, and assume all risks. This procedure developed in England during the late 18th Century with the Industrial Revolution as industry demanded uniform justice for expediency's sake, holding that all risks could be adequately compensated. Prior to this, caveatory, disclaimer, and exculpatory phrases were not allowed in agreements. Contract disputes were adjudicated in courts of Equity which sought substantive fairness, justice, and equality for all parties regardless of the contract terms. The present system places engineering design responsibilities on the contractor which he is not professionally capable of bearing. Reform is needed, and it must come from the engineers.
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Published In
Journal of the Construction Division
Volume 104 • Issue 4 • December 1978
Pages: 525 - 537
Copyright
© 1978 American Society of Civil Engineers.
History
Published in print: Dec 1978
Published online: Feb 11, 2021
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Authors
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Louis J. Thompson, M.ASCE
Prof., Civ. Engrg. Dept., Texas A&M Univ., College Station, Tex.
Cynthia Thompson Portis
Attorney at Law, Norman, Okla.
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ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.
Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.