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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Road Construction Contractor Owed Duty of Care to Motorist

A highway contractor controlling traffic on a road on which it is performing construction owes a duty of care to a motorist who was rear-ended when forced to stop behind a car that wasn’t able to turn left at an intersection where traffic was backed up and stopped due to where and the flagger was positioned north of the intersection causing traffic to back up all the way through and south of the...

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Brand Name or Equal Specification Makes Contractor Responsible for Design Changes Necessary for use of the Or Equal

A contract clause making the contractor solely responsible for any changes of whatsoever nature was not ambiguous when it came to the extra costs to change the influent pipe size and design to fit with an “or equal” equipment item submitted by the contractor in place of the specified “brand name.”  The court reviewed sections of the contract making contractor responsible for reviewing all plans...

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Contract Guide for Design Professionals

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Construction Risk Management