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.


Subcontractor Entitled to Recover Costs of Removing Asphalt Pavement instead of Limited Amount of Concrete Pavement as Specified

GC and its subcontractor disagreed over whether the scope of work of the subcontract required the Sub to remove all pavement in a parking lot or only the concrete portion of the pavement.  The bidding documents described the work of subcontractor bidders to include removing “pavement,” “cement concrete pavement,” “existing Portland cement concrete pavement,” and “existing PCC pavement.”   The...

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Contractor Cannot make Performance Bond Claim when it Failed to Terminate its Subcontractor

GC barred from recovering from the surety for damages allegedly incurred due to faulty work of subcontractor because it failed to meet the conditions precedent to the performance bond responsibility.  The surety bond expressly provided that obligations of the surety only arise after the subcontractor is declared to be in default and is, in fact, terminated.  In this case the GC failed to...

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Contractor had no Professional Liability Coverage under CGL Policy

When a swimming pool builder was sued by an individual that suffered injury in the pool that the builder contracted with the health club to design and construct.  The complaint alleged negligent design.  The builder tendered the claim to its commercial general liability (CGL) carrier and excess CGL carrier to defend.  The carriers refused to defend – asserting that the professional liability...

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