Construction Risk Management

ConstructionRisk, LLC – Contract Review Specialists

The personnel of ConstructionRisk, LLC have many years of experience as construction lawyers. Through the firm of ConstructionRisk, LLC, however, these attorneys provide services to our clients as “Consultants” rather than as attorneys. This enables us to set our fees significantly less than law firms typically charge for similar services, and permits us to review contracts for our clients in all states – with our reviews efficiently focused on risk allocation and insurability issues.

Although we are a small firm, we believe we probably review more contracts on an annual basis than most firms in America. Our personnel include: Kent Holland, J.D., Bill Chambers, J.D., Joanne Dekker, J.D, Julia Holland, Gail Kelley, P.E. and J.D, Tim Mains, J.D., Gary Prather, P.E, and Christine Hauswirth, J.D.

We review, redline and help negotiate for our clients several thousand contracts and subcontracts per year. These include design professional contracts, design-build contracts, and construction contracts. The size of the projects we work on ranges from two thousand dollars to over $12 billion. Our clients include insurance carriers and insurance brokers who retain us to review the contracts of their insured design professionals. We are also retained directly by design professionals and design-builders to review their contracts. Learn more about our practice and our personnel.

Construction Law and Risk Management Resource Center

This website by J. Kent Holland, principal of ConstructionRisk, LLC, is published as a free construction risk management resource. The top menu bar includes drop down menus with numerous articles, papers, and continuing education materials. The sidebar provides a Search box to research legal and risk management topics that have been discussed in our ConstructionRisk.com Report since 1999. The Topics covered include professional liability, indemnification clauses, duty to defend, standard of care, warranties, construction defects, site safety, payment provisions, design-build, construction management (CM) contracts, litigation lessons learned, and much more.

Design Professional Contracts: 1 Minute Construction Risk Management Video Series

Kent Holland created this series of short videos to provide risk management and contract drafting tips for design professional contracts. Each video is one to two minutes in length. At the conclusion of each video, the next one will start automatically. Or you can jump to a different clause of your choice.

ConstructionRisk Report July 2025

Contractor not Required to Remediate Hazardous Environmental Conditions that Weren’t Disclosed by Project Owner

Jul 21, 2025

A project owner attempted to require a contractor to dispose of hazardous levels of PCBs the contractor removed from the interior of standpipes it was working on. After having completed its work of blasting and repainting the interior of the standpipe, the contractor learned that paint chip samples tested positive for hazardous level of PCBs. It notified the Owner of the testing results and...

Breach of Contract Statute of Limitations Applies to Indemnification Litigation

Jul 21, 2025

In a decision by the Massachusetts Supreme Judicial Court (SJC), it was held that the tort statute of repose that sets a time bar for filing tort actions for damages arising out of design defects was not applicable to a project owner claim against a design firm based on the indemnification clause of the contract. The court held this was a breach of contract action not subject to the statute of...

Homeowner Couldn’t Claim Consequential Damages against Builder in New York

Jul 21, 2025

Consequential damages weren’t contemplated when a homeowner executed a contract with a builder to reroof a residence. While work was being performed a storm occurred and caused water damage to the attic. The homeowner sued the builder, and after discovery was completed, it sought additional damages from “project delays and the increase in mortgage interest rates, material and construction...