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.


Insufficient Basis to Pierce Corporate Veil

Landowner sued contractor corporation and its principal for intentional trespass, conversion, and unjust enrichment where employees took material from owner’s land and used it on a road project without Owner’s authorization.  After numerous trials and appeals, it was held that there was no basis for liability against the individual principal instead of just the corporation.  The corporation was...

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Plaintiff Failed to Admit Requests for Admissions – and Defendant who won at Trial was entitled to Recover Attorneys’ Fees

Where a homeowner sued contractor for failing to honor an alleged oral contract to build a house, the contractor submitted Requests for Admissions (RAFs) asking Owner to admit there was no oral contract and to grant other admissions.  Owner failed to make the admissions requested. The matter went to trial and the jury found in favor of the contractor - there was no oral contract.  The contractor...

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Managing Risks of Payment Provisions in Design and Construction Contracts

This article presents how ConstructionRisk, LLC typically revises and redlines contracts to protect against unreasonable payment provisions, and unreasonable demands to perform redesign in the event that the project pricing comes in over budget.  We begin with pay-if-paid clauses, and then move on disclaiming warranties of cost estimates. In addition to this short article that includes sample...

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Payment Provision Concerns in Design and Construction Contracts Video

Payment Provision Concerns in Design and Construction Contracts (New Video by Construction Risk, LLC)  This 3 minute video by Kent Holland addresses Payment Provisions clauses including pay-if-paid, pay-when-paid, and cost estimates exceeded. These provisions in design professional prime agreements and subcontracts are discussed with detailed written examples provided for consideration for...

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