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, 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, Tim Mains, J.D., Gary Prather, P.E, and Christine Hauswirth, 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.
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.
Architect entitled to fee based on estimated construction costs of low responsible bidder that was double the Owner’s estimate
Project owner breached its design professional contract when it “unilaterally walked away from the [contract]” without paying the balance of the architect’s fee, and deciding, based on its own calculation of “estimated cost,” that it had already paid the designer in full. The fee was to be based on percentage of construction cost. The architect argued that it had earned the full fee based on a...
Gross Disprortionality Rule Applies to Limit Damages
The gross disproportionality rule may apply in a breach of a construction contract dispute. Gross disproportionality is calculated by using the diminution in value approach, which measures the difference in value between what is built (the value of the property/structure without the contracted work) and what was supposed to have been built (the value of the property/structure if the contracted...
Construction Risk Reports
Continuing Education Video Courses
ConstructionRisk.com’s educational video courses include:
- Jobsite Safety Responsibility and Liability
- Contracts for Design Professionals
- Design-Build Lessons Learned
- Working on Purpose – Finding Purpose, Setting Goals, and Managing Time
You may also view the course videos on our Construction Risk Management YouTube video channel.
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 ConstructionRisk.com 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.
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