Design Professional Duty to Mitigate Against Storm and Flood damage

by Kent Holland | Oct 24, 2018 | Newsletter Article

Extreme weather events, such as hurricanes and excessive rains causing severe flooding, seem to be increasingly in the news and on the public’s mind. This briefing addresses the legal and ethical responsibilities that design professionals must consider with respect to...

Design Professional Duty to Mitigate Against Storm and Flood damage

by Kent Holland | Oct 4, 2018 | Newsletter Article

This Briefing Paper along with an on-demand webinar were written and presented by Kent Holland for Zurich North America Insurance.   The paper and webinar are available by clicking below on the Continue Reading link. As storms seem to be increasing in severity, and...

Webinar (on demand): Quality Assurance/Quality Control for Designers & Design-Builders

by Kent Holland | Oct 4, 2018 | Newsletter Article

In this webinar presented for Arch/PUA Insurance, the discussion is how to improve Quality Assurance and Quality Control (QA/QC) to improve the quality of design documents, enhance client value of your work, have highly productive lean project management for QA/QC,...

Suggested Wording to Use When Revising and Redlining Design Professional Contracts for Risk Allocation and Insurability of Risks

by Kent Holland | Oct 2, 2018 | Newsletter Article

By: J. Kent Holland, Jr. The wording for clauses presented in this paper are what ConstructionRisk, LLC uses as our templates for suggested revisions when redlining a design professional contract to allocate the risk more equitably and make the contract more insurable...

Indemnification Clause Unenforceable Where it did not Clearly Require Indemnification for the Indemnitee’s Own Negligence

by Kent Holland | Aug 21, 2018 | Newsletter Article

An indemnification clause in a contract between a table rental company and restaurant was held to be unenforceable where the Indemnitee sought to be indemnified for its own negligence. The indemnity claim arose out of a suit by patron at a restaurant who was injured...

Parol Evidence not Permitted to Alter Integrated Contract – Quantum Meruit Claim Fails

by Kent Holland | Aug 21, 2018 | Newsletter Article

A subcontractor sued the prime contractor for breach of contract, and in the alternative for quantum meruit recovery, seeking compensation in excess of the amount set forth in the subcontract – arguing that an interim agreement between the Teaming Agreement and the...