A Construction & Build-Out Agreement governs property improvements or fit-outs between owner and contractor. This playbook discusses scheduling, change order processes, and liability for defects.
Why This Matters: Environmental issues can trigger significant cleanup costs, regulatory fines, and reputational damage. Clear allocation of liability and process for remediation reduces unexpected financial exposure.
Negotiation strategy
If you're the Tenant:
Negotiate to limit liability to contamination directly caused by your operations. Ensure any remediation costs are capped and seek insurance coverage where possible.
If you're the Contractor:
Ensure the tenant is responsible for contamination they cause. Retain rights to conduct assessments and require corrective actions to protect your property.
Essential elements
1
Responsibility Allocation
Defines party liability for contamination.
2
Remediation Process
Outlines steps for cleanup obligations.
3
Inspection Rights
Grants rights to assess environmental conditions.
Action framework
ACCEPT
Propose edits if the clause does not clearly allocate liability or lacks a remediation process.
EDIT
Reject if the clause imposes unlimited liability or lacks inspection rights.
ADD
Add language if the clause is missing indemnity obligations or cost caps.
PRO TIP
Always ensure environmental liability clauses align with current environmental laws and company policies.
Example clauses
FAVORABLE
Preferred Clause
"The Tenant shall be responsible for all costs associated with the remediation of any environmental contamination caused by its operations. The Landlord retains the right to conduct environmental assessments and require corrective actions as necessary."
NEUTRAL
Fallback Clause
"Both parties agree to share the costs of environmental testing and remediation, with a cap of $100,000, unless otherwise covered by insurance."
UNFAVORABLE
Unclear Liability Clause
"The parties will discuss responsibility for environmental issues as they arise, without predefined obligations."
Fallbacks
High-Risk Projects
In high-risk projects, ensure comprehensive testing and remediation plans are in place, with clear cost-sharing arrangements.
Pre-existing Contamination
Differentiate between pre-existing and new contamination, ensuring the landlord is responsible for pre-existing conditions.
Shared Facilities
In shared facilities, clearly define each party's responsibilities and rights to conduct environmental assessments.
FEATURED SOLUTIONS
Contract Email Agent
Self-service Al for instant contract review and markups.
Never leave your inbox. Effortless contract markups and summaries—delivered straight to your inbox. No signups, no apps, no plugins, no playbooks, no delays.
Import PDF. Redline on DocJuris. Export to Word. Save a day of work.
Import locked PDFs or Word docs and get work done with our world-class contract editing platform. Track your changes and comments and export seamlessly to MS Word without the headaches of clunky add-ins.
Markup clauses in seconds. See the reasoning, stay in control.
Negotiate with confidence using DocJuris’s AI-powered suggestions. Pick a suggested action to balance or lean specific terms in favor of a party. Or, quickly make a clause mutual or simpler with a single click without the back-and-forth.
Uncover opportunities and risks in your signed contracts.
Turn your contracts into structured insights. With Repository AI, DocJuris analyzes every imported agreement—so you always know what’s expiring, auto-renewing, or exposing risk. Total visibility, zero guesswork.
Unlike complex CLMs with long implementations and steep learning curves, DocJuris is built for speed and simplicity. We integrate with your workflow—whether connecting to a CLM or uploading agreements manually—so you're up and running in days, not months.
WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
Not another CLM
Tackle everything your team needs using existing IT without expensive consultants, outrageous user licensing fees, or complex coding. DocJuris takes on the heavy lift and delivers your requirements with its people, process, and technology.
See how DocJuris can automate your legal, procurement, and sales operations.
DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.