Construction Risk
  • Home
  • About
    • About Us
    • Contract Review Service
    • Personnel
  • 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.com Report (June 2018)

  • A1 - Third Party Beneficiary Claim against Subcontractor
  • A2 - Lien Waiver and Release Forfeited Prime’s Right to Assert Subcontractor Pass-Through Claim
  • A3 - Single Employer Site Safety Liability: GC Found Responsible for Acts of its Subcontractor

ConstructionRisk.com Report (May 2018)

  • A1 - Why a Project Owner Isn’t Made an Additional Insured Under a Design Professional Policy
  • A2 - Contract Language Made Code Compliance a separate Duty from the Standard of Care Duty
  • A3 - Subcontractor Indemnification to Prime for Arbitration Award to Homeowner is Barred because Award did not explain basis for decision and would violate anti-indemnity statute if Prime was negligent
  • A4 - Statute of Limitations Began to Run on Date Homeowner Saw Rust on Roof and not from Date Leaking Began
  • A5 - Texas Certificate of Merit Requirement Does not apply to Third-Party Contribution Claims

ConstructionRisk.com Report (April 2018)

  • A1 - Construction Manager Owes Independent Duty of Care to Contractor – Economic Loss Affords no Protection
  • A2 - Implied Contract Allows Subcontractor to make claim directly against project Owner for Unjust Enrichment and Get Around Pay-if-Paid Clause
  • A3 - Labor Shortage is Slowing Down Construction
  • A4 - Builders Risk Policy Faulty Workmanship Exclusion applied to Wall Collapse

ConstructionRisk.com Report (March 2018)

  • A1 - Subcontractor Failure to do Soil-Compaction Testing was Covered by General Contractor’s CGL Policy as an Occurrence that Caused Damages to Building
  • A2 - Arbitration Provision of Prime Contract Incorporated by Reference into Subcontract, Requiring Subcontractor to Arbitrate its Claims
  • A3 - Contractor Cannot Sue Project Engineer as Owner's Agent on Implied-in-Fact Contract. Signing Check that contained the words “Final Payment” Constituted Accord and Satisfaction
  • A4 - Contractor’s CGL Policy Professional Liability Exclusion Precludes Coverage for Damages from Subcontracted Land Surveyor’s Error
  • A5 - Spearin Doctrine Applies to Design-Build Contracts allowing Trade Subcontractor to Rely on Designs Provided by Engineer/Subcontractor

ConstructionRisk.com Report (Feb 2018)

  • A1 - Contractual Agreement can shorten statutory Time Limit for Bringing Suit
  • A2 - $50,000 Limitation of Liability Clause Enforced Although Eight Percent of Designer’s Fee
  • A3 - Suit Dismissed with Prejudice because Certificate of Merit not filed with Complaint
  • A4 - $2 million Slip and Fall Verdict for Scaffolding Accident Thrown Out because Laborer Proved Elements of Premises Liability but Judge’s Jury Instruction Mistakenly Only Addressed General Negligence. A costly Trial Error
  • A5 - 10 tips for making the home safer for elderly relatives
« Older Entries
Next 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 (November 2025)
ConstructionRisk Report (October 2025)
ConstructionRisk Report (July 2025)
ConstructionRisk Report (May 2025)
ConstructionRisk Report (April 2025)

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

Construction Risk Management

Papers and Articles

Connect

 LinkedIn YouTube RSS E-mail

Get the Newsletter

Subscribe to ConstructionRisk Report.

Subscribe

Links

  • Contact
  • Disclaimer for Website Use
  • Disclaimer for ConstructionRisk.com Newsletter
Copyright © 2025 Kent Holland. All Rights Reserved.