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

Statute of Repose Starts Running When Subsystem is Installed Rather than When Entire House Reaches Certificate of Occupancy

by Kent Holland | Aug 2, 2019 | Newsletter Article

An eight year statute of repose period was triggered by the date of substantial completion of panel installation instead of the subsequent date of substantial completion and certificate of occupancy of the whole house. A homeowner sued a company that manufactured...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a “patent deficiency” in design or construction that is “apparent by reasonable...

Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect

by Kent Holland | Mar 4, 2014 | Newsletter Article, time limits

School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building.  The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...

AIA Contract Clause Setting Time Limit to Bring Suit after Substantial Completion Upheld

by Kent Holland | Oct 29, 2013 | Newsletter Article, time limits

Where a hotel developer agreed by contract with its builder to limit the time for filing suits to four years following substantial completion, a California court of appeal held that this did not conflict with public policy.  Parties are permitted the freedom of...

Limitation of Liability in Agreement Not Applicable to Causes of Action Arising Out of Contract Addendum

by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits

Where a limitations of liability (LoL) clause was located in an Agreement, the clause was held not to bar recover for damages incurred by a contractor due to work being suspended pursuant to a suspension of work clause that was located in the addendum to the contract....

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 (May 2025)
ConstructionRisk Report (April 2025)
ConstructionRisk Report (February 2025)
ConstructionRisk Report (January 2025)
ConstructionRisk Report (December 2024)

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

Links

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