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 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.


No Damage for Delay Clause Barred Subcontractor from Recovering Financial Damages for Accelerating its Work Due to Delay Caused by Others

Subcontractor had a lump sum multimillion dollar contract.  A “no damages for delay” in the contract stated that the Subcontractor recognized the potential for its Work to be delayed by others and would not be compensated for any costs caused by such delay unless the project owner compensated the prime contractor for the same.  The project got significantly behind schedule and the prime and...

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Sovereign Immunity Protects Inspector from Wrongful Death Action by Family of Highway Construction Worker

HNTB Corporation was working as an agent of the State of Florida on a highway construction project – performing as the Construction Engineering Inspector – inspecting the installation of smart electronic signage poles along I-10 corridor.  Its role was to oversee the general contractor’s compliance with project contract requirements.   An employee of the general contractor was killed when he...

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Pay When Paid Clause Unenforceable

Contractor’s delay of more than 90 days to pay subcontractor was per se unreasonable and the pay-when-paid clause was unenforceable to hold up payment.  Subcontractor was entitled to recover attorneys fees incurred in litigating against the Contractor to recover what was due.  In this case the contractor didn’t contest that the subcontractor performed the work and was entitled to payment.  But...

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Parties may contractually agree to extend a statute of limitations

Article written by J. Kent Holland, Jr. and Joanne Dekker Public School District sued Contractor for alleged defective construction of a school after flooding caused extensive damage to the school.  About one year later, School District added Architect for defective design.  School District and Contractor settled their dispute leaving Architect as the only defendant.  Architect sought dismissal...

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