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.

Webinar on Cybersecurity: Protect Yourself and Understand Your Business Obligations

Webinar recording password: bMq2Nap4

This Seminar is designed to:

Help you understand the threats to your online privacy and your digital assets.

Provide tips, techniques, and resources to help you protect your personal and business identities and digital assets across all the devices you use.

Taught by Tony Whitledge, JD
Whitledge & Company LLC

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.


Economic Loss Doctrine Does not Limit Actions where Tangible Property has been Damaged

Homeowner whose house was damaged by a landslide filed negligence lawsuit against a geotechnical engineer who performed a Geotech investigation for the homebuilder/contractor. The contractor was out of business and couldn’t be sued.  Trial court dismissed the lawsuit based the application of the economic loss rule.  This rule applies in this case where there was no privity of contract between...

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Subcontractor unreasonably relied on email from Prime that stated only a little rock should be expected – contrary to the Geotech Report that showed the actual hard rock

Foundation subcontractor sought extra payment for alleged differing site conditions related to rock found in the excavation area.  The geotechnical report provided by the contractor showed several boring holes with this type of hard rock.  But an email from the contractor to the subcontractor prior to bid date stated the rock would be Schist – consisting of mud and clay.  The email also stated...

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Notice of Proposed Termination and An Opportunity to Cure is Implied in Every Contract

Gail S. Kelley, P.E., J.D. Termination of a contract for default can have significant consequences for a Contractor.   In addition to the loss of work and loss of potential profit on the project, the Contractor may be liable for the Owner’s costs to complete the project with another contractor.  Having a default termination on its record may also affect the Contractor’s ability to obtain future...

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