The Pollution Exclusion Applied to Construction Related Damages

J. Kent Holland, J.D. ConstructionRisk, LLC Introduction This newsletter reviews a number of court decisions from around the United States that applied the pollution exclusion in contractor’s commercial general liability (CGL) policies to deny coverage for damages...

Standard of Care

  Originally published in Risk Management & Contract Guide for Design Professionals, (c) 2006 & 2014; a/e ProNet and J. Kent Holland Jr. Issue The standard of care required of a design professional is the care and skill ordinarily used by members of his...

Standard of Care for Design Professionals

J. Kent Holland, J.D. © 2011 ConstructionRisk, LLC A young woman fell twenty feet and was paralyzed when the balcony of a home she was visiting tore away from the house and collapsed. She sued the architect that designed the house and performed construction...

Indemnification Clauses

Originally published in Risk Management & Contract Guide for Design Professionals, (c) 2006 & 2014; a/e ProNet and J. Kent Holland Jr. Indemnification clauses in contracts may require the design professional to indemnify, hold harmless, and defend its client...

Template of Reasonable Contract Clauses for Design Professionals

J. Kent Holland, J.D. ConstructionRisk, LLC Key risk allocation clauses in design professional contracts that routinely require editing  to make the risk more manageable or insurable include those presented in this template.  The language set forth below is suggested...