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.

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Equitable Indemnity Denied where Indemnitees could not prove they were not at fault

Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store.  Five years after construction, a shopper fell on a curb in front of the main door to the store. This occurred because there was a several inch drop in the concrete at the curb.  At trail, the judge granted summary judgment to the owner...

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Construction Manager may be liable to worker who fell through skylight

A worker was injured when he fell through a skylight opening in a roof on which he was working.  He alleged common-law negligence and violation of the New York Scaffolding Act against the construction manager (CM) and project owner.  Appellate court held, on the issue of violation of the labor law, CM was a “contractor” under the labor law where it had power to enforce safety standards and...

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Contract Clauses – Short Videos (2 minutes each) on Risk Allocation for Key Contract Clauses

If you haven’t visited my YouTube Channel to see short videos I have prepared discussing key issues in contracts, do it now! Click on videos and see a list of about 80 videos I have done.  Some are 20 minutes long.  But most of them are quite short and address only a single contract clause.   This article is published in ConstructionRisk Report, Vol. 24, No. 5 (June 2022). Copyright 2022,...

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Archived Construction Risk Reports