Airports enter into a variety of agreements with numerous vendors and tenants, such as airline signatory agreements, fixed based operator leases and other agreements that provide access to the airfield, concession agreements, ground transportation agreements, construction contracts, professional services, software, and repair and maintenance agreements. All of these agreements generate varying degrees of risk. The risk generated by airport agreements should be addressed through risk sharing and shifting or insurance. The management of risk can also be addressed by drafting airport agreements that include explicit statements of legal obligations that are defensible when a claim is made during an administrative or judicial proceeding. Certain state statutes prohibit some types of risk shifting. Airports would be assisted greatly by research that identifies contract provisions that have generated liabilities and those that have limited or foreclosed claims.
The objectives of this research are to (1) identify risk issues associated with specific types of airport agreements and develop a checklist and suggested contract provisions that serve to limit and assign risk for each such risk type; (2) address how insurance provisions interface with contractual risk allocation terms; and (3) provide a comprehensive survey of commercial contractual provisions, which would be useful to airports in achieving their intended purpose of limiting or allocating risk. The report should include references to ACRP 33: Guidebook for Developing and Managing Airport Contracts, Report 36: Airport/Airline Agreements ---Practices and Characteristics, Report 47: Guidebook for Developing and Leasing Airport Property, Report 87: Procuring and Managing Professional Services at Airports and Synthesis 30 Airport Insurance Coverage and Risk Management.