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Managing Risks of Payment Provisions in Design and Construction Contracts

by Kent Holland | Mar 18, 2022 | Newsletter Article

This article presents how ConstructionRisk, LLC typically revises and redlines contracts to protect against unreasonable payment provisions, and unreasonable demands to perform redesign in the event that the project pricing comes in over budget.  We begin with...

Payment Provision Concerns in Design and Construction Contracts Video

by Kent Holland | Mar 18, 2022 | Newsletter Article

Payment Provision Concerns in Design and Construction Contracts (New Video by Construction Risk, LLC)  This 3 minute video by Kent Holland addresses Payment Provisions clauses including pay-if-paid, pay-when-paid, and cost estimates exceeded. These provisions in...

Pay-if-Paid Clause Enforced to Deny Payment to Subcontractor (Missouri law)

by Kent Holland | May 31, 2017 | Newsletter Article

Where a subcontract clause stated that the subcontractor agreed that the prime would not be responsible to make any payment to the Sub “unless and until [Prime] receives payment … from Owner of the project,” a Missouri appellate court found that the language was clear...

“Pay-when-paid” treated as a “Pay-IF-paid” due to Condition Precedent Language (Virginia law)

by Kent Holland | May 31, 2017 | Newsletter Article

A question sometimes arises as to whether a payment clause in a subcontract creates an absolute bar to subcontractor payment in the event an owner fails to pay the prime contractor or creates merely a time frame for paying the subcontract, thereby requiring payment...

Choice of Law and Forum Selection Clause in Design Subcontract Unenforceable in California

by Kent Holland | Feb 1, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC On a California project, where an architect’s agreement with its landscape design subconsultant called for all disputes to be resolved by the courts in Texas, applying Texas law, a California appellate court held the forum...
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Risk Management Workshops by Kent Holland

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

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Contract Clauses – Papers and Articles

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Professional Liability - Ken Slavens, Husch Blackwell

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