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Judicial & Legislative Control Over Construction Contracts: Implied Obligations & Impermissible Clauses

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Judicial & Legislative Control Over Construction Contracts:
Implied Obligations & Impermissible Clauses
Presented by:
Stephen A. Hess, Esq.
Sherman & Howard, LLC

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting. From the time that written contracts have been used to set out the parties’ legal relationship, courts and legislatures have found it necessary to tinker with negotiated agreements.

This involvement in the contracting process comes in the form of “implied obligations” under which specific duties will be read into contracts, or in the form of prohibitions on particular types of clauses, which courts will refuse to enforce even if they are included through arms-length negotiations. It comes as quite a surprise to many professionals that answers to questions about their rights and remedies on even the most basic matters may be outside the "four corners" of their agreement — especially when they discover this nuance only after a dispute arises.

As attentive as many professionals are to their written contracts, even a modestly sophisticated understanding requires attention to "implied" obligations and prohibitions. In this informative 90-minute recorded webinar, Stephen A. Hess of Sherman & Howard, LLC will present an overview of implied obligations and judicial and legislative prohibitions related to construction contracts.

Listen to this program to learn how to:

  • Learn why courts strike contract clauses as being "against public policy"
  • Understand how courts use implied obligations or prohibitions to protect against abuses in the contracting process
  • Become familiar with the legislature’s role in defining permissible and impermissible contract requirements
  • Review key implied obligations including the Spearin doctrine, implied warranties, the duty of good faith and fair dealing, the implied obligation of noninterference, and others
  • Discover key prohibitions on contract clauses including bars or limitations on indemnification clauses, pay-if-paid clauses, contractual penalties and liquidated damages, and others
  • And much, much more!
 Who Will Benefit?

This recorded webinar is a must if you’re a public or private owner, construction manager, contractor, subcontractor, consultant, architect, engineer or attorney.

This event features key insights from our knowledgeable construction expert:


Stephen A. Hess has been identified as a Best Lawyer in America in "Construction Law" and in "Litigation — Construction," through his practice with Sherman & Howard, LLC in Colorado. In addition to serving clients on matters around the country, Mr. Hess is an active author, scholar, and speaker. He is an immediate past Editor of the American Bar Association's law review The Construction Lawyer, previously served as Editor of Construction Briefings, a national construction law review, and has edited national construction law treatises.

Mr. Hess has written numerous law review articles on topics covering the breadth of construction law and litigation, has spoken nationally at construction law programs, and is an Adjunct Professor at Sturm College of Law (University of Denver), where he teaches a Construction Law Seminar. He is a member of the American Arbitration Association’s National Roster of Construction Arbitrators.

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