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Managing Risks - Department of Public Works and Services

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Some General Principles (cont’d)<br />

<strong>Risks</strong> <strong>of</strong>ten allocated to more than 1 person<br />

E.g. subsurface risk<br />

Owner allocates to contractor, who allocates to<br />

subcontractor<br />

But – contractor <strong>and</strong> subcontractor may have<br />

liability caps <strong>and</strong>/or exculpatory provisions that<br />

leave owner with some residual risk<br />

E.g. “insured risks”<br />

When risks transferred to insurers, there may be<br />

limits <strong>of</strong> liability, specific exclusions <strong>and</strong> gaps in<br />

coverage so residual risk remains to be borne by a<br />

party to the construction contract<br />

12

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