Managing Risks of Payment Provisions in Design and Construction Contracts

by Kent Holland | Mar 18, 2022 | Newsletter Article

This article presents how ConstructionRisk, LLC typically revises and redlines contracts to protect against unreasonable payment provisions, and unreasonable demands to perform redesign in the event that the project pricing comes in over budget.  We begin with...

Payment Provision Concerns in Design and Construction Contracts Video

by Kent Holland | Mar 18, 2022 | Newsletter Article

Payment Provision Concerns in Design and Construction Contracts (New Video by Construction Risk, LLC)  This 3 minute video by Kent Holland addresses Payment Provisions clauses including pay-if-paid, pay-when-paid, and cost estimates exceeded. These provisions in...

Oral Contract did not Include Indemnification and Additional Insured Obligations

by Kent Holland | Feb 7, 2022 | Newsletter Article

Where a general contractor hired a scaffolding subcontractor for a hotel renovation project, an employee of that subcontractor suffered injury during his work, and he filed a petition against the hotel. The hotel filed a third party claim against the GC who then filed...

Spoliation of Evidence (homeowner tore down retaining walls)

by Kent Holland | Feb 7, 2022 | Newsletter Article

Where a homeowner filed suit against design professional and a contractor for defective services concerning extensive rock retaining walls they designed and built, the defendants move the trial court to dismiss the suit due to the fact that after filing suit, the...

Contract Deemed Express Contract Despite Contractor Failing to Sign It

by Kent Holland | Jan 19, 2022 | Newsletter Article

Contractor provided written proposal to project owner, containing details of the scope of work, as well as payment obligations.  The Owner signed it and made several payments for work performed by the contractor.  When contractor filed mechanics liens and sued to...

Limitation of Liability Clause Ambiguous in Engineering Agreement

by Kent Holland | Jan 19, 2022 | Newsletter Article

A contract between an Engineer subconsultant and an Architect contained a limitation of liability clause stating that liability was limited to twice the amount of Engineer’s fee.  When Architect sued Engineer for damages the project owner was awarded in arbitration,...