Contract Corner #16 - Disclosure of Legal Claims

Monday, May 9, 2016

Member firms have identified numerous concerns with the many forms of non-standard agreements that are prevalent.  This week’s issue is Disclosure of Legal Claims.

Sometimes agreements also seek to have a consultant disclose any past or ongoing legal action that the firm may be involved in.  As noted previously for insurance claims, from a consultant’s perspective, this is an unjustified intrusion on business practices, and may conflict with confidentiality provisions.

Members should feel free to bring their concerns to ACEC-BC by emailing an example of the onerous clause in question, describe its impact on engineering firms and provide a recommendation for action.  Where you may not have any recommendations, ACEC-BC will consult with the Business Practices Committee and others to develop a response to the client over ACEC-BC letterhead.

For more information on contract language visit

The Board of Directors of ACEC-BC has identified unfair contracts and onerous clauses as serious problems facing the consulting engineering community. Over the coming months, “Contract Corner” will provide some ideas and guidance on these issues.

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