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ConstructionRisk Report (December 2020)

  • A1 - Brand Name or Equal Specification Makes Contractor Responsible for Design Changes Necessary for use of the Or Equal
  • A2 - Road Construction Contractor Owed Duty of Care to Motorist

ConstructionRisk Report (October/November 2020)

  • A1 - Government Contractor Entitled to Time Extension (but not Costs) Caused by Pandemic Delay to Project
  • A2 - Upcoming Webinar Provides Insights from Leading Construction General Counsel
  • A3 - Design Professional Contracts: 1 Minute Construction Risk Management Video Series
  • A4 - General Contractor Allowed to Bring Third Party Claim against Architect for Defective Specifications

ConstructionRisk Report (September 2020)

  • A1 - Dispute under Design-Build Teaming Agreement and Subcontract may be Subject to Arbitration even if Statute of Limitations has Lapsed
  • A2 - Economic Loss Doctrine Applied to Dismiss Homeowner Suit against Geotechnical Firm that Issued Soils Report to Developer
  • A3 - Fraud Claims against Engineer Dismissed for Lack of Specificity

ConstructionRisk Report (July/August 2020)

  • A1 - No Equitable Relief for Contractor that Failed to Comply with Specifications Requiring Wiring Conduit Even Though Government Inspectors Didn’t Object Until Late in the Job. No Estoppel against Government.
  • A2 - CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work
  • A3 - Economic Loss Doctrine Prohibits Claim by One Subcontractor against Another for Economic Losses Caused by Delay
  • A4 - Waiver of Subrogation Clause In Owner’s AIA Contract Prevents a Contractor from being Sued in a Contribution Action by another Contractor as a Joint Tortfeasor

ConstructionRisk Report (May 2020)

  • A1 - Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit
  • A2 - Negligence Claim against Architect Governed by Malpractice Rather than Contract Statute of Limitations

ConstructionRisk Report (April 2020)

  • A1 - Insurance Coverage Issues Related to Coronavirus Pandemic
  • A2 - Fiduciary Duty not Owed by Contractor in Absence of Contract Language Expressly Stating So
  • A3 - Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)
  • A4 - Insurance Company not Obligated to pay Damages agreed to by Contractor under Settlement Agreement with Owner where Damages not Allocated between Covered and Non-covered Damages
  • A5 - Risk and Liability Considerations for Coronavirus Related Services

ConstructionRisk Report (March 2020)

  • A1 - Professional Liability Insurance doesn't Cover Actions for Tortious Interference with Business Expectancy or Intentional Breach of Contract
  • A2 - Questions Concerning whether there was Negligence and whether an Indemnification Obligation was Triggered must be Decided by Jury and not on Summary Judgment Motion
  • A3 - CPM Schedule is Required in order to Prove Delay Claim. Jury Verdict Method Approved for Measuring Damages in Absence of Detailed Documentation
  • A4 - Differing Site Condition Claim Win for Contractor

ConstructionRisk.com Report (Feb 2020)

  • A1 - Contractor not a Third Party Beneficiary of Engineer’s Contract with Owner
  • A2 - Homeowner Suit against Project Developer’s Geotechnical Engineer Barred by Economic Loss Doctrine
  • A3 - Certificate of Insurance Binds Carrier to Provide Insurance to the Entity that was Incorrectly Listed as an Additional Insured
  • A4 - Unlicensed Contractor Forfeits Right to Recover All Fees

ConstructionRisk.com Report (Jan 2020)

  • A1 - Design-Builder Unsuccessful in Suit against Engineering Subconsultant for Cost Overruns. Preliminary Drawings Can’t be Expected to be as Precise as Final Documents
  • A2 - There Must be an Alleged Negligent Act of the Named Insured to Trigger Coverage for an Additional Insured under a CGL policy

ConstructionRisk Report (Oct 2019)

  • A1 - Acceptance Doctrine Prevents Construction Defect Suit
  • A2 - Waiver of Subrogation Enforceable on Gross Negligence Claims
  • A3 - CGL Carriers Had no Duty to Defend Professional Liability Claim against Designer of Pedestrian Bridge that Collapsed at Florida International University
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Contract Guide for Design Professionals


Downloadable here

Recent Newsletters

ConstructionRisk Report (December 2020)
ConstructionRisk Report (October/November 2020)
ConstructionRisk Report (September 2020)
ConstructionRisk Report (July/August 2020)
ConstructionRisk Report (May 2020)

All Newsletters

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

Risk Management Workshops by Kent Holland

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

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