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.

View the Webinar on ‘Design Professional’s Design Duty to Mitigate against Extreme Weather Events’

Webinar recording password: HhP8c36w

In this webinar, we discuss how climate change may be changing design professional risks and liability.  The following learning objectives are addressed:

  • Become familiar with professional responsibility for designing to mitigate against damage from foreseeable flooding.
  • Learn from case law examples how design firms have been found liable even if codes are met.
  • Understand the potential enhanced Standard of Care for addressing damages from floods and sea-level rise.
  • Learn about American Society of Civil Engineers-24 (ASCE), flood-resistant design and construction, and how it applies to design for flood mitigation.

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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Broad Arbitration Clause Flowed Down to Subcontractor Requiring it to Arbitrate Claim against Prime Even though not in Dispute with Owner

Parties to a construction subcontract disagreed over whether their dispute fit within the scope of the arbitration provision in the subcontract.  Trial court denied a motion to compel arbitration.  Appellate court reversed, holding that the arbitration provision in the Prime Contract flowed down to the dispute under the subcontract even though the project owner was not directly involved in the...

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Economic Loss Doctrine Enforced in Arizona to Bar Negligence Action by Project Owner against Engineering Subcontractor

Project Owner sued the engineering subcontractor of its general construction contractor alleging damages from negligently surveying property and putting stakes in wrong location.  The engineer admitted it erred in the survey and this caused damages. Summary judgment was granted for the engineer because the economic loss doctrine prohibited the suit against the engineer.  This was affirmed on...

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Economic Loss Doctrine Applied in Utah to Bar Tort Claim against Real Estate Seller. And Prevailing Party Attorneys Fees Awarded

An individual, Mr. Charlwood, purchased a house, remodeled it, and then sold it to Mr. Thorp, the Purchaser.  Ten years later The Purchaser noticed issues with the property, including a deck that was apparently structurally failing.  Purchaser sued Seller for defective construction, negligent misrepresentation, and fraudulent misrepresentation.  Trial court dismissed the suit based on the...

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