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.
Inside this Issue
- A1 – Professional Liability Insurance doesn’t Cover Actions for Tortious Interference with Business Expectancy or Intentional Breach of Contract
- A2 – Questions Concerning whether there was Negligence and whether an Indemnification Obligation was Triggered must be Decided by Jury and not on Summary Judgment Motion
- A3 – CPM Schedule is Required in order to Prove Delay Claim. Jury Verdict Method Approved for Measuring Damages in Absence of Detailed Documentation
- A4 – Differing Site Condition Claim Win for Contractor
Design Professional’s Duty to Design to Mitigate against Extreme Weather Events (Particularly Flooding)
By: J. Kent Holland, JD
Extreme weather events, such as hurricanes and excessive rains causing severe flooding, seem to be increasingly in the news and on the public’s mind. This briefing addresses the legal and ethical responsibilities that design professionals must consider with respect to climate volatility when designing projects. Is resiliency such an important obligation that a design professional must design for it based on current science – and the evidence and facts at hand – even if the law, regulations and government agencies do not require it? This paper concludes that complying with code may not be sufficient and that designers may have an enhanced standard of care to design against the extreme weather events that are increasingly foreseeable. Read article.
AIA A201 and B101 Key Changes between 2007 and 2017 Editions
For a comparison of what I believe are important changes between the 2007 and 2017 AIA A201 and B101 documents, read my Construction & Design Risk Briefing (Winter 2017) edition, Comparison of 2007 and 2017 AIA contract documents, published by Zurich Insurance.
Continuing Education Video Courses
ConstructionRisk.com’s educational video courses include:
- Jobsite Safety Responsibility and Liability
- Contracts for Design Professionals
- Design-Build Lessons Learned
- Working on Purpose – Finding Purpose, Setting Goals, and Managing Time
You may also view the course videos on our Construction Risk Management YouTube video channel. See example videos directly below.
Contracts for Design Professionals Module 1
Discussion of the following contract clauses: Advertising, Americans with Disabilities Act, As-Built Drawings, Certifications, Compliance with Law, and Changes in Services. View the entire course here.
All the Videos are hosted on YouTube. If they do not open when you click on them, it may be because your office blocks access.