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 (June 2017)

  • A1 - Who has Responsibility for Jobsite Safety is Determined by Contract Language
  • A2 - Additional Insured—Owners, Lessees or Contractors—Automatic Status for Other Parties When Required in Written Construction Agreement (CG 20 38 04 13)
  • A3 - Contractor Not Liable for Costs to Correct Wooden Decking that was installed per the Design Specifications but was Inappropriate for the Climate and Location
  • A4 - Economic Loss Doctrine Bars Claim against Designer by a Third Party Seeking Purely Economic Losses Report (May 2017)

  • A1 - “Pay-when-paid” treated as a “Pay-IF-paid” due to Condition Precedent Language (Virginia law)
  • A2 - Pay-if-Paid Clause Enforced to Deny Payment to Subcontractor (Missouri law)
  • A3 - Correcting the Additional Insured Problem when Named Insured is not in Privity of Contract with Additional Insured
  • A4 - Professional Liability Exclusion in CGL Policy Bars A/E from GCL Additional Insured Coverage for Laborer’s Injuries From Alleged Failure to Plan for Safe Removal of Digester Tank Lid
  • A5 - Encountering Soil Conditions Differing from data in Government Provided Geotechnical Report Entitled Design-Builder to Differing Site Condition Recovery (ASBCA Decision) Report (April 2017)

  • A1 - CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work
  • A2 - Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor
  • A3 - Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor
  • A4 - Construction Manager is not Additional Insured under Contractor’s CGL policy Despite Owner/Prime Contract Requiring Contractor to Name CM as Additional Insured
  • A5 - Engineer has no Affirmative Duty to Supervise Jobsite Safety Absent Contract Language or Conduct

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.