ConstructionRisk, LLC – Contract Review Specialists

The personnel of ConstructionRisk, LLC have many years of experience as construction lawyers. Through the firm of ConstructionRisk, LLC, however, these attorneys provide services to our clients as “Consultants” rather than as attorneys. This enables us to set our fees significantly less than law firms typically charge for similar services, and permits us to review contracts for our clients in all states – with our reviews efficiently focused on risk allocation and insurability issues.

Although we are a small firm (six personnel) we believe we probably review more contracts on an annual basis than most firms in America. Our personnel include: Kent Holland, J.D., Bill Chambers, J.D., Joanne Dekker, J.D, Julia Holland, Gail Kelley, P.E. and J.D, and Tim Mains, J.D.

We review, redline and help negotiate for our clients several thousand contracts and subcontracts per year. These include design professional contracts, design-build contracts, and construction contracts. The size of the projects we work on ranges from two thousand dollars to over $12 billion. Our clients include insurance carriers and insurance brokers who retain us to review the contracts of their insured design professionals. We are also retained directly by design professionals and design-builders to review their contracts. Learn more about our practice and our personnel.

Construction Law and Risk Management Resource Center

This website by J. Kent Holland, principal of ConstructionRisk, LLC, is published as a free construction risk management resource. The top menu bar includes drop down menus with numerous articles, papers, and continuing education materials.  The sidebar provides a Search box to research legal and risk management topics that have been discussed in our ConstructionRisk.com Report since 1999.  The Topics covered include professional liability, indemnification clauses, duty to defend, standard of care, warranties, construction defects, site safety, payment provisions, design-build, construction management (CM) contracts, litigation lessons learned, and much more.

Design Professional Contracts:  1 Minute Construction Risk Management Video Series

Kent Holland created this series of short videos to provide risk management and contract drafting tips for design professional contracts. Each video is one to two minutes in length.  At the conclusion of each video, the next one will start automatically.  Or you can jump to a different clause of your choice.

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Demand for an Indemnitor to Defend and Indemnify is not Premature Where Underlying Dispute Has not been decided

A car driver drove over a downed telecommunications line owned by Cox Company, resulting in claimed damages to the individual and his car. The driver filed suit against Cox and Cable Man, Inc., a company under contract to Cox to provide maintenance and repair of lines. Cox sent a demand to Cable Company to provide indemnification and defense as required by a contractual indemnity clause in their...

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Prevailing Party Attorneys Fees Improperly Awarded to Subcontractor

In a contract dispute between a project owner and a construction subcontractor, the trial court awarded prevailing party attorneys fees to a subcontractor pursuant to contractual prevailing party attorneys fees clause, because it determined that the subcontractor prevailed on a significant issue, even though it lost on several other issues in the trail.  This was reversed on appeal, with the...

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