Comprehensive agreements covering the sale of window and door products can be both inviting and cumbersome. The incentives in such agreements can appear large, but those must be weighed against an understanding of how the terms work if later issues arise. Experience teaches how quickly the margin of a seemingly great project can be eroded by the exposures of later disputes.
Important strategy considerations abound: It can pay to be reluctant to accept responsibility for the project design or applicable local codes and laws. Additional wariness of “incorporation” of documents or other agreements may also be due. Regardless, limiting the scope of responsibility in indemnity and insurance provisions is only fair to both sides. We help walk through these agreements and their negotiations with our clients to help balance the anticipated return to the required obligations.