Construction Risk
  • Home
  • About
    • About Us
    • Personnel
      • J. Kent Holland ( Principal )
      • William R. Chambers
      • Joanne Dekker
      • Suzanne H. Harness
      • Julia A. Holland
      • Timothy J. Mains
      • Sheena K. Patel
  • 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
    • Risk Management Video Presentations
      • Contracts for Design Professionals
      • Design / Build Lessons Learned
      • Jobsite Safety Responsibility and Liability
      • Working on Purpose
    • Webinars on Construction Risk Management
      • Setting & Achieving Goals
      • Design Professional – Contract Review Workshop
      • Design Professional Litigation 2016
      • Lessons Learned 2016
      • Design-Build Risk Management
      • Design Professional Litigation 2015
      • Jobsite Safety Responsibility Litigation Lessons Learned
      • Managing Design Professional Risks
  • Books
  • Contact
Select Page

Accepting Late Performance of Work Does Not Bar Recovery for Delay Damages

Where project owner chose not to terminate contractor for failing to substantially complete project by contractually established deadline, but permitted late completion, this did not waive entitlement to recover delay damages. McPherson Builders, Inc. v. Performance...

Architect Cannot Enforce Mechanic’s Lien for Design Services Performed Offsite Where it Failed to Provide Actual Notice to Landowner that it was Performing Services

An Architect provided millions of dollars worth of design services for condominium project and was not paid by the developer with whom it was under contract. The developer didn’t own the property, but it had a contract to purchase it from the owner. Financing for the...

Engineer’s Lien Effective only from Date Filed, and did not Relate Back to Beginning of Construction

J. Kent Holland, J.D. ConstructionRisk, LLC An engineer’s lien that was filed two years after commencement of the contractor’s construction of a project was not entitled to priority over a mortgage holder’s lien that was filed when construction first commenced. The...

Mechanic’s Lien Waiver Found Unenforceable because Violation of Public Policy

Where a lien waiver provision incorporated by reference into a subcontract applies to prohibit all liens regardless of whether the subcontractor received any payment, the court concluded that such a provision violates public policy.   Enforceability of a lien waiver...

Search

Connect

 LinkedIn YouTube RSS E-mail

Contract Guide for Design Professionals


Downloadable here

Recent Newsletters

ConstructionRisk Report (Oct 2019)
ConstructionRisk Report (Sep 2019)
ConstructionRisk Report (Aug 2019)
ConstructionRisk Report (July 2019)
ConstructionRisk Report (June 2019)

Subscribe

Subscribe to the free ConstructionRisk Report (Casenotes Update).

Subscribe

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
  • 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

Copyright © 2019 Kent Holland. All Rights Reserved.

  • Contact
  • Disclaimer for Website Use
  • Disclaimer for ConstructionRisk.com Newsletter