Page 6 - Megaprojects Playbook

LEGAL + CONTRACT MANAGEMENT

SLOW & STEADY WINS THE RACE

As we grow our project portfolio, we must be more vigilant to get every step of our
contractual obligations right. That’s no easy task for Mega Projects. Slow down,
know your contract and work diligently to ensure Haskell’s success!

1 SLOW DOWN - SPEED KILLS

Speed can kill when in the deal making and contract phase.
Take your time and make sure to double check your work.

2 STICK WITH OUR CLIENT CONTRACT TERMS

As a company we need to do focus on holding the line on indemnity (limited form), LOL,
waiver of consequential damages (with little to no carveouts), proper standard of care, hidden/
unforeseen site conditions, hazardous materials, reasonable LD’s as the only remedy for
delay (or performance), payment terms of net 30-45 (approvals needed to deviate), warranty
(12-18 months and exclusive remedy for defective work), force majeure (time and money),
change order process (notice issues), choice of law and venue, escalation, and payment wire
instructions. Our tendency on smaller projects can be to give in on some of these issues
to “make the deal” and get the work. On Mega Projects, that becomes much riskier.

3 CLEARLY DEFINED SCOPE

Include ALL necessary clarifications and exclusions. A verbal understanding that some scope
issues will be defined later is not acceptable. Put it in writing as a clarification or exclusion.
Verbal agreements or modifications are not acceptable—Everything must be in writing.

4 KNOW YOUR CONTRACT

Project teams must read and understand the contract and all obligations to perform
the work, provide notice to the client, and understand what documentation
is required to qualify as notice of a change. Create and provide a "cliff notes"
version of the contract to all project team members prior to execution.

5 COMMUNICATE WITH PRECON

Maintain strong communication with precon/procurement related to sub buyout. Early sub
buyout can lead to gaps in risk coverage as those issues are still being negotiated with the
Owner. This happens now on our normal size jobs, the risk is exponential on a Mega Project.

4 MEGA PROJECTS PLAYBOOK | 2021
CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION. FOR INTERNAL HASKELL USE ONLY.