Construction Risk Management

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.

Webinar on Cybersecurity: Protect Yourself and Understand Your Business Obligations

Webinar recording password: bMq2Nap4

This Seminar is designed to:

Help you understand the threats to your online privacy and your digital assets.

Provide tips, techniques, and resources to help you protect your personal and business identities and digital assets across all the devices you use.

Taught by Tony Whitledge, JD
Whitledge & Company LLC
tony@whitledge.org

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.

ConstructionRisk Report – May 2023

Engineer Satisfied State Licensing Requirement by Using Licensed Independent Contractor as its Licensed Full-Time Registered Professional Engineer Manager

May 24, 2023

Where a state law requires engineers to designate a full-time person or “manager” as being in “responsible charge” of engineering activities, the state agency responsible for administering the statute found an engineer in violation because it used a used an independent contractor instead of an employee to perform that role. This was reversed by the court which held that an “independent...

Pay-If-Paid Clause Enforced in New Jersey

May 24, 2023

Where subcontractor executed a contract containing a pay-if-paid provision, the contractor subsequently used that clause as a basis to refuse paying for work performed by that sub because the project owner refused to pay the Prime for that same work. In New Jersey no statute or caselaw prohibits pay-if-paid clauses. The appellate court held that because there were disputed facts concerning...