Contract Killer Clauses in Construction: And How to Neutralise Them

Overview

This focused, high-value webinar explores common high-risk clauses - referred to as "contract killers" - found in construction agreements.

These include indemnities, time bars, liquidated damages, variation clauses, fitness for purpose obligations, and others that often carry hidden consequences. Attendees will learn how to read these clauses critically, understand their impact, and apply practical strategies to mitigate their risk through contract wording, negotiation tactics, or commercial safeguards.

Why You Should Attend

This session provides a clear, structured overview of the most dangerous clauses found in construction contracts, why they present risk, and how to manage or neutralise them through negotiation, clarification, or amendment. Attendees will gain practical legal insight and risk awareness, improving their ability to assess, negotiate, and manage contracts with greater confidence and precision.

Areas Covered in the Session:

• What constitutes a "killer clause" and why they pose risk
• Key high-risk clauses in construction contracts, including:
• Indemnity and liability shifting
• Time-bar clauses and notice periods
• Liquidated damages and delay penalties
• "Pay when paid" clauses
• Fitness for purpose vs. reasonable skill and care
• Variations and scope creep traps
• Strategies for neutralizing or re-negotiating risky clauses
• The importance of pre-contract review and escalation
• Communicating legal risk to commercial or project teams

Who Will Benefit

• Contract Managers and Commercial Leads
• Project Managers and Site Managers
• Quantity Surveyors and Procurement Professionals
• Construction Directors and Risk Officers
• Legal Counsel and Contract Advisors
• Developers, Subcontractors, and Consultants working under JCT, NEC, or bespoke forms