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.

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.

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ConstructionRisk Report – January 2021

Pay-if-paid Provisions Not Per Se Unenforceable in Nevada

Where a general contractor failed to pay its subcontractor and used the pay-if-paid clause of the subcontract as the reason for not making payment, the Supreme Court of Nevada held that the contract provision was not per se void and unenforceable in light of the state’s Prompt Payment Act; but must instead be reviewed on a case-by-case basis.  Here, the court held that the pay-if-paid provision...

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Contractor Entitled to Recover Delay Damages including Overhead Costs

An appellate court reversed the trial court judgment that held a Contractor was not entitled to costs associated with delays (including overhead) on a city building project.  The city argued that the contractor was late in submitting its claim for damages and it also argued that the city was not responsible for causing the delay to the contractor’s work. Specifically, the contract permits a...

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Insurance Carrier Was Correctly Dismissed from Litigation Against Engineer

A commercial general liability (CGL) carrier was entitled to summary judgment that it owed no duty to defend an engineering firm against a lawsuit alleging that the firm had intentionally defrauded the homeowners in a community concerning the quality of their drinking water.   The homeowners sued the engineer for assisting the village to conceal the release of contaminated water into their...

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