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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Contract Clauses for Dealing with Costs from New Laws and Actions Regarding Tariffs and Deportation

A clause I reviewed in a recent contract protects the design-builder against having to incur cost overruns due to changes in (1) laws, (2) new tariffs that increase prices for materials, and (3) labor shortages due to deportation of undocumented workers). “A Change may include, without limitation, any of the following events occurring after the establishment of the Contract Price, CGMP or GMP...

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Only General Contractor (and not Project Owner) had Additional Insured Status Under a Subcontractor’s CGL Policy

Project owner entered into a general construction contract with a GC for construction services.  The GC then entered into a subcontract requiring the subcontractor to indemnify and hold harmless the GC and the Owner, and also required the subcontractor to maintain a CGL policy naming the GC, the Owner and other noncontractor entities as additional insureds under the policy. When a...

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Owner’s Standard of Care Expert Failed to Identify the Standard of Care and Failed to Explain How Designer Violated the Standard

Trial court granted summary judgment for architect because project owner’s expert witness failed to define the standard of care and state how the architect failed to meet the standard.  The Owner’s complaint alleged that the architect failed to provide services with “professional care” in connection with installation of elevators.   The Owner argued that the architect breached its duty by...

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