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 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.


Economic Loss Doctrine Applied to Dismiss Homeowner Suit against Geotechnical Firm that Issued Soils Report to Developer

About a year after building a new home, the owners noticed cracks forming in the foundation and walls.  They learned that the soil under the house was unstable.   They then filed suit against the geotechnical services firm that ten years previously authored a geotechnical report for the developer.  The suit alleged various negligence-based tort claims. The district court dismissed those claims,...

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Dispute under Design-Build Teaming Agreement and Subcontract may be Subject to Arbitration even if Statute of Limitations has Lapsed

A design-builder brought an arbitration action against its engineering subconsultant after the expiration of the statute of limitations.  The engineer filed suit to stay the arbitration – arguing that the issues in dispute (concerning pre-bid quantify estimates) arose under the parties’ teaming agreement rather than under the subcontract, and were therefore not subject to arbitration.  It also...

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No Equitable Relief for Contractor that Failed to Comply with Specifications Requiring Wiring Conduit Even Though Government Inspectors Didn’t Object Until Late in the Job. No Estoppel against Government.

Watts Constructors, LLC (Watts) was required to remove and replace electrical wiring because it failed to comply with contract specifications requiring wiring to be installed inside rigid conduit. Armed Services Board of Contract Appeals (ASBCA) found that Watt’s electrical subcontractor “saw what it wished to see when it reviewed the contract’s plans and specifications and used metal clad (MC)...

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CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work

Design-Builder’s services were terminated by the project owner. It then sued the owner for breach of contract. The owner counter-claimed -- alleging breach of contract, breach of “implied duties of workmanlike performance and fitness for a particular purpose,” and negligence. The counterclaims related to a “multitude of design and construction issues.” When Design-Builder tendered the...

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