Construction Risk
  • Home
  • About
    • About Us
    • Personnel
      • J. Kent Holland (Principal)
      • William R. Chambers
      • Joanne Dekker
      • Julia A. Holland
      • Gail S. Kelley
      • Timothy J. Mains
  • Casenotes Report
    • Newsletters (2010-current)
    • Newsletters (1999-2010)
    • Newsletter Videos
    • Topics
  • Design and Construction Contracts
    • Reasonable Contract Clauses
    • Indemnification Clause
    • Limitation of Liability Clause
    • More Contract Topics
  • CLE Video
    • Contract Topics in 1 Minute
    • Contracts for Design Professionals
    • Design / Build Lessons Learned
    • Jobsite Safety Responsibility and Liability
    • Working on Purpose
  • CLE Written
    • Books
    • Webinars on Construction Risk Management
    • Setting & Achieving Goals
    • Design Professional Litigation 2016
    • Design Professional – Contract Review Workshop
    • Lessons Learned 2016
    • Design-Build Risk Management
    • Design Professional Litigation 2015
    • Jobsite Safety Responsibility Litigation Lessons Learned
    • Managing Design Professional Risks
  • Contact
Select Page

Contractor’s Duty to Seek Clarification of Ambiguity in Specifications; Architect’s Decision on Dispute is Final

by Kent Holland | Mar 23, 2015 | construction contract tips, Newsletter Article

In a dispute involving whether a subcontractor satisfied the contract plans and specifications when it installed escalators for an airport expansion project, the appeals court held that because the subcontractor (Otis Elevator) was aware of an ambiguity concerning the...

Managing Killer Clauses in Construction Contracts: Part II

by Kent Holland | Feb 9, 2011 | construction contract tips, Newsletter Article

This is the second part of a two part article. The first part was in last month’s issue of this Report. Consider the following basic “killer” clauses, and how they might be managed. Notice Requirements You must know your contract. The first step in good contractual...

Killer Clauses in Construction Contracts: Part I

by Kent Holland | Feb 9, 2011 | construction contract tips, Newsletter Article

Today’s builder must be as expert at managing its contractual risk as it is at managing a safety program. Many large and small contractors, once considered outstanding builders, are out of business today. Some of the contractors may have even been good financial...

No Excuse for a Bad Contract

by Kent Holland | Feb 7, 2011 | construction contract tips, Newsletter Article

I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences...

Search

Get the Newsletter

Subscribe to ConstructionRisk Report.

Subscribe

Connect

 LinkedIn YouTube RSS E-mail

Contract Guide for Design Professionals

Downloadable here

Recent Newsletters

ConstructionRisk Report (January 2023)
ConstructionRisk Report (December 2022)
ConstructionRisk Report (November 2022)
ConstructionRisk Report (October 2022)
ConstructionRisk Report (August 2022)

All Newsletters

  • Newsletters (2010-current)
  • Newsletters (1999-2010)

Risk Management Workshops by Kent Holland

Ethics for Engineers

Design professional’s design duty to mitigate against extreme weather events

Risk Management of Code Compliance

Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

QA/QC and Efficiency Tactics for Design Professionals

Lessons Learned 2017 Litigation

Sexual Harassment in the Workplace Webinar

AIA B101 – Comparing 2007 & 2017 Owner-Architect Agreement

Design Professional – Contract Review Workshop

Design Professional Litigation – Lessons Learned 2016

Design-Build Risk Management

Design Professional Litigation 2015

Life Skills Workshop Slides

Setting & Achieving Goals

Contract Clauses – Papers and Articles

  • Indemnification Clause
  • Limitation of Liability Clause
  • Professional Standard of Care
  • Duty to Defend
  • Do Not Agree to Defend
  • Economic Loss Doctrine: A Good Defense
  • Establishing Time Limits for Filing Suit
  • Liquidated Damages Clause
  • Pay IF Paid or Pay WHEN Paid
  • Third Party Claims Against Professional Consultants

IRMI Expert Commentary

Environmental - Kent Holland
Professional Liability - Ken Slavens, Husch Blackwell

Construction Risk Management

Papers and Articles

Connect

 LinkedIn YouTube RSS E-mail

Links

  • Contact
  • Disclaimer for Website Use
  • Disclaimer for ConstructionRisk.com Newsletter
Copyright © 2022 Kent Holland. All Rights Reserved.