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Time was not of the essence so no time related costs could be awarded

by Kent Holland | Oct 13, 2025 | Newsletter Article

Where contractor filed suit against subcontractor for breach of contract, the trial court granted the subcontractor’s motion for summary judgment on the issue of time related damages.  Other issues in dispute will go to trail.  The subcontractor was responsible for...

Suggested Wording to Use When Revising and Redlining Design Professional Contracts for Risk Allocation and Insurability of Risks

by Kent Holland | Oct 2, 2018 | Newsletter Article

By: J. Kent Holland, Jr. The wording for clauses presented in this paper are what ConstructionRisk, LLC uses as our templates for suggested revisions when redlining a design professional contract to allocate the risk more equitably and make the contract more insurable...

Liquidated Damages Imposed on Contractor Even Where Contract was Terminated for Convenience and There was No Proof of Actual Damages

by Kent Holland | Sep 1, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a contractor was late in performance, a town terminated the contract for convenience and subsequently claimed liquidated damages (LDs) against the contractor. Both the trial court and appellate court concluded that the...

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Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

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Lessons Learned 2017 Litigation

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