It’s a risky business not to challenge standard language

November 2025 System Integration & Control Systems Design

On the surface, contracts all look alike. Once you’ve seen one, you’ve seen them all, or so it seems. You have your introductory paragraph, your terms and conditions. They always include some form of payment terms, liabilities, warranties, term and termination, and dispute resolution, followed by a signature page. Pretty standard, right? Maybe so, but hidden within the standard language can be language that shifts the other party’s risk to you. Let’s review some so-called standard language in the following scenarios:

Scenario 1: The contract states that you have examined pre-existing drawings, design documents and site conditions and you assume the risk of them. Did you know that you are arguably vouching for the designs of others and the pre-existing site conditions, and you are taking on all of the risks associated with them?

Scenario 2: The contract requires you to double-check the technical requirements or regulatory compliance of the design that the other party has sent to you. Your company has arguably guaranteed that the technical solution that your company has requested for its business is the right one and/or that its design parameters comply with all regulatory requirements.

Scenario 3: Here’s my favourite one: a statement by the other party that it will not be responsible for the accuracy of its own information. What? But it’s their information. All of these scenarios unreasonably transfer risk from the customer to you.

But you really need this project

I know what you’re thinking. You really need this project. Maybe you really want to enter into an agreement with the customer, or you don’t have the bargaining power to completely revise or rewrite the contract. That’s okay.

But consider this: By adding a few qualifying words to the standard language, you will help your company immensely. Clarifying that you have only examined pre-existing designs and site conditions for ‘open and obvious’ or ‘fundamental’ or ‘known’ problems with the designs provided or site conditions greatly limits your risk.

You have taken on so many risks over the years, don’t let pre-existing designs, site conditions or inaccuracies in the other party’s information be one of them.

Janeia Brounson is an attorney with Faegre Drinker, counsel to the Control System Integrators Association (CSIA) and many of its members. She can be reached at [email protected].

Content courtesy of Control System Integrators Association, www.csia.com

Further reading:

Project and industry
System Integration & Control Systems Design
XEL EE was contracted to deliver the complete electrical, control and instrumentation scope for the upgrade of a gold mine's water treatment facilities in Tanzania.

Read more...

---

Turning system integrators into trusted technology partners
Schneider Electric South Africa IT in Manufacturing System Integration & Control Systems Design
Schneider Electric’s Alliance Partner Programme is repositioning system integrators from hardware suppliers into lifecycle-value partners. Oriel Soupen explains the competency framework, certification model and real-world results that are already helping African system integrators win higher-value, longer-term engagements.

Read more...

---

When digital twins move from concept to critical tool
IT in Manufacturing System Integration & Control Systems Design Maintenance, Test & Measurement, Calibration
Digital twins are moving out of the lab and onto the mine, the factory floor and the transport network where they predict failures before they happen. Amritesh Anand looks at where they earn their keep, the data and integration work behind them, and the security questions every organisation should ask before switching one on.

Read more...

---

Best practices for managing the MRO supply chain in Africa
RS South Africa System Integration & Control Systems Design
RS South Africa outlines how strong data governance and digital tools can turn maintenance, repair and operations procurement into a strategic advantage across Africa.

Read more...

---

Containerised Solar Solution Accelerates Delivery of Riverside 3 MW Power Plant
Proconics System Integration & Control Systems Design
Proconics was engaged by NewFields to deliver the electrical integration solution for the Riverside 3 MW Solar Power Plant in Zimbabwe. The project required a compact, modular approach that could simplify deployment, minimise site works, and support rapid commissioning in a remote location.

Read more...

---

Modern Energy Metering Solution Enhances Reliability and Reporting for Major Power Utility
SAM Systems Automation & Management System Integration & Control Systems Design
This project involved the implementation of a modern energy metering system for a major power utility operating within the industrial automation and energy management sector. The objective was to improve the reliability, accessibility, and accuracy of energy data while simplifying infrastructure and reducing system complexity.

Read more...

---

PCS Global
PCS Global System Integration & Control Systems Design
PCS Global led a digital infrastructure initiative in a southern African data centre setting, aiming to merge several essential operational systems into one cohesive platform. The objective was to break down silos, enable real-time decisions, and ensure seamless operation in a mission-critical environment.

Read more...

---

Seamless migration from ET 200M to ET 200SP HA for future-ready automation
Moore Process Controls System Integration & Control Systems Design
Moore Process Controls undertook a modernisation initiative spanning the mining, petrochemical, and oil & gas sectors. This project involved upgrading legacy Siemens ET200M I/O systems to the advanced ET200SP HA platform.

Read more...

---

Proconics Modernises Refinery Tank Automation with Compliance-Focused, Brownfield Upgrades
Proconics System Integration & Control Systems Design
Project & Industry Proconics was engaged to modernise automation and SCADA systems across a refinery tank farm. The project involved complex brownfield integration, aligning new automation with existing ...

Read more...

---

Project & Industry
System Integration & Control Systems Design
Project: Upgrading essential automation and SCADA systems at a coal mine.    Outcome: A modern, stable automation and SCADA environment with reduced technical debt and easier support, ready for expansion. ...

Read more...

---