Oral Waivers and Waivers by Implication Can Be Dangerous
By Robert B. Jacobs and David W. Floren, Attorneys at Law
Waivers can be dangerous because waivers may cancel rights that contractors would normally enjoy under a construction contract. This could be the right to receive something very useful, like the right to receive progress payments for actual work done instead of having to wait for any payment until the project is complete. Or it could be the right to take an important step, like arbitrating disputes instead of going through a more costly trial in the civil courts.
