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Ambiguous Specifications Interpreted in Favor of Government Contractor

The U.S. Army Corps of Engineers (USACE) incorrectly interpreted and applied contract specifications to require a contractor to do high grade drywall finishing in the plenum above walls and in the plenum below floors – areas that would never be seen by the public. A...

Prime Contractor Duty to Timely Submit Subcontractor Change Orders to Project Owner (Government)

A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...

Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)

By: J. kent Holland, Jr. The U.S. Army denied a differing site condition claim of its contract that allegedly encountered subsurface rock conditions as well as ground water conditions, differing materially from what was represented in a geotechnical report provided to...

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Contract Guide for Design Professionals


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Recent Newsletters

ConstructionRisk Report (Oct 2019)
ConstructionRisk Report (Sep 2019)
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ConstructionRisk Report (July 2019)
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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
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  • 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

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