by Kent Holland | Sep 25, 2015 | Design and Construction Contracts
[printfriendly] J. Kent Holland, J.D. © 2011 ConstructionRisk, LLC A young woman fell twenty feet and was paralyzed when the balcony of a home she was visiting tore away from the house and collapsed. She sued the architect that designed the house and performed...
by Kent Holland | Sep 23, 2015 | Design and Construction Contracts
Originally published in Risk Management & Contract Guide for Design Professionals, (c) 2006 & 2014; a/e ProNet and J. Kent Holland Jr. Indemnification clauses in contracts may require the design professional to indemnify, hold harmless, and defend its client...
by Kent Holland | Sep 17, 2015 | Design and Construction Contracts
J. Kent Holland, J.D. ConstructionRisk, LLC Key risk allocation clauses in design professional contracts that routinely require editing to make the risk more manageable or insurable include those presented in this template. The language set forth below is suggested...
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...
by Kent Holland | Sep 1, 2015 | Newsletter Article, standard of care
Gail S. Kelley, J.D., PE ConstructionRisk, LLC As of 2015, about a dozen states have passed so-called “Certificate of Merit” laws that establish a threshold requirement for filing professional negligence claims against design professionals. These laws, which evolved...
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