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

ConstructionRisk Report (March 2023)

  • A1 - Notice of Proposed Termination and An Opportunity to Cure is Implied in Every Contract
  • A2 - Subcontractor unreasonably relied on email from Prime that stated only a little rock should be expected – contrary to the Geotech Report that showed the actual hard rock
  • A3 - Economic Loss Doctrine Does not Limit Actions where Tangible Property has been Damaged

ConstructionRisk Report (February 2023)

  • A1 - Handwritten Change to the Lien Release was Effective at Preserving Contractor’s Right to Later Make a Claim for More Funds
  • A2 - Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order
  • A3 - Court Applies Statute of Repose to Dismiss Counts of Complaint for Negligence, Breach of Contract and Indemnification – because Negligence was at Issue in each Count

ConstructionRisk Report (January 2023)

  • A1 - Good Faith and Fair Dealing Duty was Violated by Prime Contractor who Settled Claim with its Client without Including Subcontractor Claim
  • A2 - Failure to file Certificate of Merit Requires Case to be Dismissed with Prejudice
  • A3 - Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order

ConstructionRisk Report (December 2022)

  • A1 - Register for the Upcoming Webinar on Ethical Challenges for Engineers
  • A2 - Court will not litigate case until parties first go through mediation as required by contract
  • A3 - Economic Waste Doctrine Might Prevail – but no Summary Judgment Granted
  • A4 - Additional Insured Prime Contractor Entitled to be Defended under Subcontractor CGL Policy Where Plaintiff Merely Alleged “Damage to Other Property”

ConstructionRisk Report (November 2022)

  • A1 - Economic Loss Doctrine Applied in Utah to Bar Tort Claim against Real Estate Seller. And Prevailing Party Attorneys Fees Awarded
  • A2 - Economic Loss Doctrine Enforced in Arizona to Bar Negligence Action by Project Owner against Engineering Subcontractor
  • A3 - Broad Arbitration Clause Flowed Down to Subcontractor Requiring it to Arbitrate Claim against Prime Even though not in Dispute with Owner
« Older Entries

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 (March 2023)
ConstructionRisk Report (February 2023)
ConstructionRisk Report (January 2023)
ConstructionRisk Report (December 2022)
ConstructionRisk Report (November 2022)

All Newsletters

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

Risk Management Workshops

Cybersecurity: Protect Your Digital Assets & Online Presence

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.