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 Insurance under CGL Policy for Contractual Dispute

Where a concrete subcontractor’s ready mix concrete was found to be defective, and its client- another contractor, refused to pay for it, the subcontractor put a lien on the project, and the parties sued each other over the payment dispute.  The subcontractor then asked its commercial general insurance (CGL) carrier to defend and indemnity it.  The carrier refused to do so – stating that this...

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Economic Loss Doctrine Inapplicable to Condo HOA suit

Condominium Association (HOA) was not barred by the economic loss doctrine from suing construction professionals, including the general contractor, that designed and constructed the condominium complex.   The suit was for damages from cracking concrete and various defective work causing water intrusion.  The defendants moved for summary judgment, asserting that the economic loss doctrine applied...

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Be Careful about Responsibility for Defective Cost Estimates in Current Environment of Price Spikes and Supply Shortages

In reviewing and negotiating design professional contracts our office often sees contract clauses stating that the design professional must design a project to meet the client’s budget and that, if bids come in over the budget, the Owner may require the design firm to redesign the project to get it back within budget –and that the designer will do this without any additional compensation.  That...

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Archived Construction Risk Reports