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ConstructionRisk Report (March 2022)

  • A1 - Payment Provision Concerns in Design and Construction Contracts Video
  • A2 - Managing Risks of Payment Provisions in Design and Construction Contracts
  • A3 - Plaintiff Failed to Admit Requests for Admissions – and Defendant who won at Trial was entitled to Recover Attorneys’ Fees
  • A4 - Insufficient Basis to Pierce Corporate Veil

ConstructionRisk Report (February 2022)

  • A1 - Spoliation of Evidence (homeowner tore down retaining walls)
  • A2 - Oral Contract did not Include Indemnification and Additional Insured Obligations

ConstructionRisk Report (January 2022)

  • A1 - Limitation of Liability Clause Ambiguous in Engineering Agreement
  • A2 - Contract Deemed Express Contract Despite Contractor Failing to Sign It

ConstructionRisk Report (December 2021)

  • A1 - Contract Drafting Tip: The Flow–Down Incorporation by Reference Clause
  • A2 - Implied Warranty and Workmanship Claims Cannot be Waived by Homeowner
  • A3 - Engineer has no Exemption from Liability under Statute Providing Insurance Companies Exemption from Liability
  • A4 - Arbitration Award Affirmed Despite Objections that one of Arbitrators Failed to Disclose Relationship with Two of the Parties

ConstructionRisk Report (November 2021)

  • A1 - A Demand Letter to an Insured Architect and Others was not Deemed to be “Claim” that had to be Reported to the Professional Insurance Carrier
  • A2 - Insurance Carrier could not assert the Contractual Liability Exclusion to Deny Coverage for Breach of Contract Claim that arose out of Negligence
  • A3 - Parties Waived their Contractual Rights to Arbitrate

ConstructionRisk Report (Oct 2021)

  • A1 - Indemnification - Negotiating a Reasonable Clause
  • A2 - Individual Doing Business as a corporate name Held Individually Liable
  • A3 - Liquidated Damages Are Restricted When Contractor Completed Major Two Phases of Three- Phase Government Project
  • A4 - Default Termination was Improper and was Converted to Termination for Convenience

ConstructionRisk Report (Aug 2021)

  • A1 - Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs
  • A2 - Indemnification: Contractor’s Employee not an “Agent” entitled to Indemnification
  • A3 - Summary Judgment where Insufficient Expert Testimony to Prove Negligence

ConstructionRisk Report (July 2021)

  • A1 - Be Careful about Responsibility for Defective Cost Estimates in Current Environment of Price Spikes and Supply Shortages
  • A2 - Economic Loss Doctrine Inapplicable to Condo HOA suit
  • A3 - No Insurance under CGL Policy for Contractual Dispute

ConstructionRisk Report (May 2021)

  • A1 - Subcontractor Entitled to Recover Costs of Removing Asphalt Pavement instead of Limited Amount of Concrete Pavement as Specified
  • A2 - Contractor Cannot make Performance Bond Claim when it Failed to Terminate its Subcontractor
  • A3 - Contractor had no Professional Liability Coverage under CGL Policy

ConstructionRisk Report (April 2021)

  • A1 - Indemnification Unenforceable against Design Firm by Construction Contractor
  • A2 - Individual was not an “Agent” entitled to Indemnification
  • A3 - Economic Loss Doctrine Bars Suit by Developer against a Subcontractor
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ConstructionRisk Report (March 2022)
ConstructionRisk Report (February 2022)
ConstructionRisk Report (January 2022)
ConstructionRisk Report (December 2021)
ConstructionRisk Report (November 2021)

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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

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