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 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.

View the Webinar on ‘Design Professional’s Design Duty to Mitigate against Extreme Weather Events’

Webinar recording password: HhP8c36w

In this webinar, we discuss how climate change may be changing design professional risks and liability.  The following learning objectives are addressed:

  • Become familiar with professional responsibility for designing to mitigate against damage from foreseeable flooding.
  • Learn from case law examples how design firms have been found liable even if codes are met.
  • Understand the potential enhanced Standard of Care for addressing damages from floods and sea-level rise.
  • Learn about American Society of Civil Engineers-24 (ASCE), flood-resistant design and construction, and how it applies to design for flood mitigation.

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.


Arbitration Demand may be filed after Statute of Limitations Period for Filing Litigation (Maryland Law)

Where arbitration demand was filed later than a lawsuit could have been filed, the defendant asked the court to dismiss the arbitration as untimely filed.  Court held that the Maryland statute of limitations applied only to actions filed in courts and that because the contract between the parties didn’t specify a deadline for filing arbitration, the court had no jurisdiction to impose a statute...

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Design Professionals in Arizona no Longer Owe Duty to Third Parties for Economic Loss

In an important decision, the Supreme Court of Arizona held that design professionals that lack privity of contract with project owners owe no duty to reimburse those owners for purely economic losses.  This is a reversal of the 1984 decision in Donnelly Construction v. Oberg/Hunt/Gilleand, which held that a design professional’s duty to use the generally accepted standard of care extended to...

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Contractor based its Bid on a Design-Build Project on an Erroneous Low Quote from Equipment Supplier whom it then Sued for Detrimental Reliance, Negligence and negligent misrepresentation

Almost a $1 million judgment was granted for the Design-Builder against its subcontractor and also against its design professional.   On appeal, the court sustained the judgment, holding that the design-builder acted in detrimental reliance on the low bid, and that the design professional was negligent in failing to advise the design-builder that the bid was grossly low.  Alfred Conhagen, Inc....

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