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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Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs

By Stanley Santire, Santire Law Firm, PLLC A unique feature of Texas construction law has been how the State allocates risk for defective plans and specs. This will change dramatically on September 1, 2021. Unlike all but one State, for over a century Texas common law held that if an owner provided defective plans and specs to a contractor, the contractor, and not the owner, bears the risk. ...

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Summary Judgment where Insufficient Expert Testimony to Prove Negligence

Construction contractor entitled to summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages.  Owner argued that Contractor can be held liable for negligence for failing to measure up to its contractual promise to ensure that all work is performed in a “thoroughly...

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Indemnification: Contractor’s Employee not an “Agent” entitled to Indemnification

In an indemnification clause between a contractor and project owner, the words “agents and representatives” did not require the contractor to indemnify a particular employee of consulting firm as an “agent” of the Owner. The project agreements did not contain any language suggesting the individual employee was an “agent” of the Owner.   The court stated that the individual was not covered...

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Archived Construction Risk Reports