SBCA legal counsel Kent Pagel has been helping CMs manage design responsibility risks and liabilities since 1994. As president of the Houston, Texas law firm of Pagel, Davis & Hill, Kent advises local, regional and national companies involved in residential, commercial and industrial construction, providing counsel on matters of litigation and arbitration, insurance, liability, contracts and operations.
Battle of the Forms
A component manufacturer submits its bid or proposal to a customer. Rather than signing the bid, the customer issues its purchase order. In response the manufacturer issues a sales acknowledgement. Each of the forms contains terms and conditions of sale on the back. Some or all of the forms either get signed or none of them are signed. If a dispute later arises, how does it get resolved? Kent Pagel will discuss best practices and answer the questions CMs have regarding this all too common battle of the forms.