Newsletter Archive | Construction Risk

About the Newsletter

All articles in this issue of the ConstructionRisk.Com Report, unless otherwise indicated, are written by J. Kent Holland, a construction lawyer located in Tysons Corner, Virginia, (formerly with Wickwire Gavin, P.C. and now with Construction Risk Counsel, PLLC) representing design professionals, contractors and project owners. He is admitted to practice law in Virginia and Maryland. He is also president of ConstructionRisk, LLC, a consulting firm providing consulting services to owners, design professionals, contractors and attorneys on construction projects. He provides the construction risk management website (, and publishes Report with 8 to 12 issues per year, as a complimentary newsletter providing case notes, articles and commentary on risk management issues concerning construction projects. He may be reached at or by calling 703-623-1932. Permission is granted to reprint or republish any article herein that is authored by Mr. Holland, provided that attribution to the author and publication (including website address) is given and the issue is cited in the following format: Report, Vol. 12 No. 7 (Nov 2010), J. Kent Holland, Report (February 2017)

  • A1 - Notice of Claim Requirement Flows Down from Prime Agreement and is Strictly Applied to Disallow Subcontractor Claim
  • A2 - “No-Damages-for-Delay” Clause Enforced Even If Project Ineptly Planned and Managed
  • A3 - Contractor’s Tortious Interference Judgment against County Engineer Reversed because Engineer Acted Within Scope of Contract
  • A4 - Insurance Carrier Not Liable to Homeowner for Injuries and Damages Allegedly Caused by Defective Repairs Performed by a Contractor Recommended by Carrier
  • A5 - Project Owner May Lose Right to Use A/E’s Copyrighted Documents Due to Failure to Pay Invoices Report (January 2017)

  • A1 - Private Engineering firm Qualifies for governmental immunity when working as City Engineer
  • A2 - Subcontract Bidder Must Honor its Bid to GC (Promissory Estoppel)
  • A3 - Subcontract Bidder Excused from Executing Contract with Prime Contractor
  • A4 - Teaming Agreement is Unenforceable: Merely an Agreement to Agree in the Future
  • A5 - Engineer Liable for Rainwater Tank Collapse Where it Failed to Provide Appropriate RFI Responses to Contractor Report (December 2016)

  • A1 - Contractor Not Responsible for Foundation Failure Since Change Order Revised the Design
  • A2 - Economic Loss Rule Barred Claim against Contractor’s President
  • A3 - Settling Suit without Prior Approval of Insurance Carrier Causes Insured to Forfeit Coverage Regardless of Whether the Carrier was Harmed
  • A4 - Public Nuisance Suit against A/E Liable for Failing to Design Protective Fencing for a Retaining Wall Dismissed
  • A5 - Contractor May Recover on Differing Site Condition Despite Not Following the Notice Requirements of Contract

This newsletter Report is published and edited by J. Kent Holland, Jr., J.D. The Report is independent of any insurance company, law firm, or other entity, and is distributed with the understanding that, LLC, and the editor and writers, are not hereby engaged in rendering legal services or the practice of law. Further, the content and comments in this newsletter are provided for educational purposes and for general distribution only, and cannot apply to any single set of specific circumstances. If you have a legal issue to which you believe this newsletter relates, we urge you to consult your own legal counsel., LLC, and its writers and editors, expressly disclaim any responsibility for damages arising from the use, application, or reliance upon the information contained herein.