This paper will present reasons why many construction and maintenance projects are unsuccessful. Historically, the approach taken by lawyers has been to instruct their clients on the types of terms and conditions in construction contracts. The client, which in this industry is one of several entities, then is expected to avoid problems by putting as many favorable contract terms as possible into the final document that becomes the contract.

The approach taken in this paper is to look at a defaulted project as the result of the individuals involved. This approach goes further to explain why a project ends up in default than simply reviewing contract terminology for protection.

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