Our free ConstructionRisk.com Report contains monthly legal and risk management analysis of important issues in construction law, including design professional liability, contractor claims, insurance coverage disputes, federal contracts, construction litigation and risk management issues, and much more. All past issues and articles are archived on this site and be can be researched using the Search function or Topic Index. Our educational videos may be viewed here for continuing education credit, and they cover topics such as design-build lessons learned, jobsite safety, contract guide for design professionals, and a course on goal setting and time management.
J. Kent Holland, Esq., publisher and content provider, is a construction lawyer with ConstructionRisk Counsel, PLLC, whose legal and consulting practices emphasize construction, federal procurement, and environmental law, as well as construction risk management. The information presented is for general education purposes only and is not intended as legal advice. A short cut to our current ConstructionRisk.com Report is provided immediately below. A link is also provided below for the last Report for which we made a video.
Two articles include:
(1) Application of Economic Loss Doctrine Limited to Contracting Parties Under Arizona Law
(2) Expert Certificate Requirement Not Necessary Under Maryland Law for Alleging Negligence Of An Engineering Firm For the Actions of a Non-Engineer Employee
Four articles include:
(1) CM Did not Breach Fiduciary Duty; (2) Subcontractor can sue Project Owner and a corporate officer individually for negligent misrepresentation; (3) AIA Contract Clause Setting Time Limit to Bring Suit After Substantial Completion Upheld; and (4) A/E Statutory Duty to Safeguard Public Safety and Welfare Does not Establish a Duty of Care Owed to Specific Condominium Purchasers.
Continuing Education Video Courses by Kent Holland
- Jobsite Safety Responsibility and Liability
- Contracts for Design Professionals
- Design-Build Lessons Learned
- Working on Purpose – Finding Purpose, Setting Goals, and Managing Time
These courses are registered with the American Institute of Architects (AIA) Continuing Education System and can be taken for credit.
Design-Build Lessons Learned:
This eight part series of videos addresses 15 different lessons learned in design-build contracting, including team formation, contract formation, compliance with contract terms and conditions, compliance with plans and specifications, the different responsibilities with performance specification and prescriptive design specifications, implied warranty of the specifications; differing site condition claims, contractor claims against design professionals, indemnification obligations, liquidated damages, insurance issues, and more. Watch a combination of the videos totaling an hour, and qualify for continuing education credit – registered with the AIA. The entire series is available for free for a limited time on our continuing education videos page. A sample of one of the modules is below:
Module 5 – Design-Build MOD 5-Lessons Learned, Kent Holland, ConstructionRisk, LLC
Lesson 7 - Comply with Plans & Specifications (Even if you wrote them); Prescriptive Design Specs versus Performance Specs. This session focuses on the importance of complying with the specifications even if you wrote them. We also review the differences in responsibilities when specs are performance based versus detailed design specs.
Contracts for Design Professionals Module 1 – Sample
Contract Guide and Course for Design Professionals. This is Module 1 of 9 modules. Discussion of the following contract clauses: Advertising, Americans with Disabilities Act, As-Built Drawings, Certifications, Compliance with Law, and Changes in Services. For a limited time, the entire 9 part series is available at no cost on You Tube at the Kent Holland Channel.
All the Videos are hosted on YouTube. If they do not open when you click on them, it may be because your office blocks access.
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