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.
One-sided Arbitration Clause Unenforceable
An arbitration clause that gave one party sole discretion in deciding whether to arbitrate a claim was unenforceable. A district court granted contractor’s motion to compel arbitation but this was reversed on appeal because of the one-sided nature of the clause rendering it “substantively unconscionable.” The question was whether the provision was fair and reasonable. Atlas Electrical...
Contractor Forfeited Right to Indemnity from Insurance Carrier
Where Insured contractor settled a claim against it by its owner client, the insurance carrier declined to cover the settlement as “damages”. In a lawsuit against the carrier by the contractor, a court found the carrier had no duty to indemnify the contractor for the $24 million settlement because (1) the contractor failed to provide timely notice of the claim the Owner made against it, (2) the...
Construction Risk Reports
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.
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