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Kent Holland practices construction law in Tysons Corner, Virginia. He manages a national practice (formerly with Wickwire Gavin, P.C. and now with Construction Risk Counsel, PLLC) representing design professionals, contractors and project owners. He is founder and president of a consulting firm, ConstructionRisk, LLC, providing consulting services to owners, design professionals, contractors and attorneys on construction projects. He is publisher of ConstructionRisk.com Report and may be reached at Kent@ConstructionRisk.com or by calling 703-623-1932. This article is published in ConstructionRisk.com Report, Vol. 17, No. 6 (September 2015).
Books Authored Include:
“Working on Purpose,” (Ardent Publications, 2011).
“Risk Management for Design Professionals in a World of Change,” (Ardent Publications, 2010).
“Risk Management & Contract Guide for Design Professionals,” (Ardent Publications, 2006)
“Construction Law & Risk Management – Case Notes and Articles, Vol. II.” (Ardent Publications, 2006).
“Construction Law & Risk Management – Case Notes and Articles, Vol. I.” (Ardent Publications, 2003).
“The Winning Way – A Spiritual Journey to a Life of Success and Significance,” (Ardent Publications, 2003).
“Architectural/Engineering Contract Guide,” (American Consulting Engineering Council, Washington, D.C. 1999).
“Construction Contractors’ Environmental Risk Management Procedures Manual,” Associated General Contractors of America , Washington , D.C. 1994)(co-author and editor).
“Architectural/Engineering Contracts: Risk Management Guide (Zurich Insurance, New York, NY, 1997/1998).
“EPA Construction Grants: Surviving the Audit,” Water Pollution Control Federation, (Alexandria, VA 1988)
Chapters Written for Co-Authored Books include:
“Insurance Claims on Design-Build Projects,” Design-Build Contracting Claims, Chapter 11, (Aspen Law & Business, Construction Law Library, New York, 1999)
“Environmental Issues in Construction,” Wiley Environmental Law Update, Chapter 19 (John Wiley & Sons, 1996)
“Identifying and Avoiding Environmental Risks in Contracting,” Wiley Construction Law Update, Chapter 16 (John Wiley & Sons, 1995)
“Dealing with Hazardous Waste and Environmental Issues,” Design Professionals Handbook, Chapter 26, (John Wiley & Sons, 1991).
Speaking Engagements
Approximately 20 or more risk management workshops per year for design professional firms throughout the country.
“Year in Review – Design Professional Litigation,” ACEC Legal Counsel Forum Meeting in Washington, D.C. for 2009, 2010, and 2011. Also taught as ACEC webinar each year.
“Design-Build Construction for the U.S. National Guard,” DBIA certification course (November 2007, Key West, FL).
“50 Legal Concepts Every Engineer Should Know,” ACEC seminar (November 2007 – San Francisco, CA).
“Construction Defects: Finding Insurance Coverage,” American College of Mortgage Attorney (October 2007 – Aspen, CO).
“Why Should I Pay for Your Mistakes? Indemnification: Addressing the Contract Language Details,” ABA Forum on the Construction Industry (Oct 12, 2006 Scottsdale).
“Proactively Managing Risks and Claims in Design and Construction,” International Risk Management Institute (IRMI) seminars in 2004, (March 23-24 – Las Vegas , March 31-April 1 – Chicago , April 13-14 – Washington , D.C.)
“Environmental Risk and Insurance,” seminar presented with Arthur J. Gallagher & Co., (Chicago , IL – March 15, 2004).
“Risk Management and Insurance for Design Professionals,” presented at International Risk Management Institute 23rd IRMI Construction Risk Conference (Chicago , IL – Nov 18, 2003).
“Design Professional Risk Management Workshop,” ConstructionRisk.com presentation (New York , NY – Oct. 16, 2003).
“Design-Build: Current Issues,” panel moderator for DBIA Annual Meeting ( Orlando , FL – October 9, 2003).
“Environmental Risk Management and Insurance,” presented for State Capital Law Firm Group, Annual Meeting (Boston , MA – October 3, 2003).
“Risk Management for the Design Professional,” two and three hour workshops presented on a regional basis throughout the year by ConstructionRisk.com, LLC and Arch Insurance Group.
“Design Professionals’ Risk Management,” presented for the Buffalo chapter of the New York State Professional Engineers Society ( Buffalo , NY – Dec. 2002).
“Land Surveyors Risk Management,” presented at Michigan Land Surveyors annual conference, ( Grand Rapids , MI – February, 2002).
“Search For Money: Insurance Perspective,” ABA Forum on the Construction Industry annual meeting program entitled “Guess Who’s Coming to Town? Stadiums, Arenas, Malls and More,” New Orleans , Louisiana (April 26-28, 2001).
“Design-Build Project Delivery: Legal & Insurance Challenges,” DBIA Southeast Chapter Meeting, (Atlanta , GA , May 17, 2001).
“Design-Build Contracting and Risk Management,” DBIA educational seminar (Denver , CO, June 29, 2001).
“E-Commerce in Insurance & Construction,” 20thth Annual Construction Insurance Conference,” International Risk Management Institute, 2000.
“Internet as a Risk Management Tool,” 19th Annual Construction Insurance Conference,” International Risk Management Institute, (Chicago, IL, November 15-18, 1999)
Online Continuing Education Programs in Construction Law (created for RedVector.com)
- Construction Contract Law – Introduction
- Construction Contract Law – Advanced
- Contract Guide for Design Professionals
- Contractor Lawsuits against Design Professionals ()
- Design-Build Professional Liability Risk Management & Insurance
- Environmental Risks
- Insurance Coverage Disputes
- Insurance for Construction Defects
- Insurance for Design-Build and Complex Projects
- Professional Standard of Care – Proof & Defense
- Risk Management for the Design
- Risk Managing Communication, Documentation & Reports
- Site Safety Risk & Liability
- Environmental Site Assessments – New EPA standards
- Working on Purpose: Managing Time, Goals, and Establishing Mission)
Newsletters and Periodicals – Ongoing
International Risk Management Institute (IRMI) Expert Commentary on Environmental Insurance Law
No CGL Coverage for Chimney Repairs Due to Carbon Monoxide Leakage – by J. Kent Holland Jr. (January 2011)
CGL Pollution Exclusion Applies to Dust and Diesel Fumes – by J. Kent Holland Jr. (December 2010)
Mold from a Covered Concurrent Cause Still Excluded – by J. Kent Holland Jr. (November 2010)
Pollution Exclusion Found Inapplicable – by J. Kent Holland Jr. (May 2010)
CGL Policy Held To Cover Oil Spill Cleanup Costs – by J. Kent Holland Jr. (April 2010)
Mold Damage to Contractor’s Nondefective Work Caused by Subcontractor May Be Covered under Prime Contractor’s Umbrella Policy – by J. Kent Holland Jr. (January 2010)
Premium Instead of Prayer Needed for Mold Coverage — by J. Kent Holland Jr. (July 2006)
Mold Litigation: Expert Testimony Required to Prove Causation — by J. Kent Holland Jr.(April 2006)
Subrogation and Intervention in Construction Defect Case Involving Water and Mold — by J. Kent Holland Jr. (February 2006)
Absolute Pollution Exclusion in Contractors Policy Does Not Bar Coverage for Toxic Fume Injuries — by J. Kent Holland Jr. (November 2005)
Silica Claim Barred by Total Pollution Exclusion in CGL Policy — by J. Kent Holland Jr.(August 2005)
Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy — by J. Kent Holland Jr.(May 2005)
Whether Mold Cleanup Costs Are Covered Depends on Causation — by J. Kent Holland Jr.(April 2005)
Homeowners Policy Unambiguously Excluded Coverage for Mold — by J. Kent Holland Jr.(October 2004)
Superfund Decision May Benefit Design Builders — by J. Kent Holland Jr.(April 2001)
Insurance Coverage—Waivers of Subrogation — by J. Kent Holland Jr. (August 2002)
Insurer Uses Contractual Liability Exclusion To Deny Coverage — by J. Kent Holland Jr.(June 2003)
ConstructionRisk.com Report. Legal newsletter published monthly by ConstructionRisk.com, LLC, authored and edited by Kent Holland since April, 1999.
Design-Build Dateline: Legalities Column – Newsletter of the Design-Build Institute of America (DBIA), Articles in 2000 and 2001 include:
“Owner Permitted to Sue its Contractor’s A/E Subconsultant”
“Ownership and Copyright of Instruments of Service”
“Superfund Does Not Impose Strict Liability on Engineer”
“Problems with Arbitration in Design-Build”
Architectural/Engineering Briefings. Legal newsletter published quarterly by Zurich North America Insurance, authored from 1995 through 2002.
Partial listing of other articles and papers
“Bid Protests Under Federal Grant Projects,” Federal Publications, Inc. 1987)
“Grantees May Sue U.S. In District Court,” Water Pollution Control Federation (WPCF) Journal (October 1988)
“Avoiding Bid Protests,” Journal of Water Pollution Control Federation (January 1989)
“Minority Business Set Asides Reined in by Supreme Court,” WPCF Journal (April 1989)
“Federal Grants and the Drug Free Workplace Act,” WPCF Journal (August 1989)
“Malfunctioning Treatment Works: Liability and Legal Remedies,” Water Environment and Technology (October 1989)
“Indemnification and Risk Reduction Strategies,” Environmental Claims Journal (Autumn 1989)
“Risk Reduction Strategies for Hazardous Waste and Asbestos Abatement Contractors,” ECNO-Environmental Contractor (February 1990)
“Remedies and Liabilities for Malfunctioning Treatment Plants,” Environmental Claims Journal ((Winter 1989/90)
“Construction Contract Claims,” Water Environment & Technology (April 1991)
“Contractor’s Construction Claim Barred by ‘No Damages for Delay’ Clause,” Water/ Engineering & Management (February 1992)
“The Economic Loss Doctrine: The Engineer’s Last Best Defense Against Contractor Claims,” Water/Engineering & Management (April 1992)
“No Due Process for EPA Contractors,” Water/Engineering & Management (May 1992)
“Environmental Regulation Entitles Landowner to Compensation,” Water Environment & Technology (1992)
“EPA Not to Second Guess Approval of Change Orders,” Water Engineering & Management (September 1992)
“Avoiding the Liability Pitfalls in Contracting for Hazardous Waste Cleanup,” Hazardous Materials Control Resources Institute (Superfund 1992)
A New Era of Environmental Litigation Against Construction Contractors,” Water Engineering & Management (March 1993)
“Allocating Cleanup Contracting Risks,” Water Engineering & Management (April 1993)
“EPA Final Guidelines for Contractor Indemnification,” Hazardous Materials Control (May/June 1993)
“Accounting for Environmental Contingencies,” Water Environment & Technology (July 1993)
“The Case Against Base Bidding,” Water Environment & Technology (September 1993)
“Pollution Insurance for Water and Wastewater Facilities,” Water Engineering & Management (September 1993)
“Environmental Cleanup Contracting: The Expanding Liability Risks,” Environmental Claims Journal (October 1993)
“Insurance & Surety for Environmental Contractors,” The Cambridge Institute (Summer 1993)
“Surety, Insurance, Construction and Hazardous Waste: A Toxic Mix?” The Construction Lawyer of the ABA Forum on Construction (January 1994)
“Special Considerations in Bonding Environmental Remediation Projects,” Environmental Contractor Risk and Liability Report by George Washington University (Spring 1994)
“Overexposed: Remediation Contractors and CERCLA,” Constructor Magazine by AGC (August 1995)
“Identifying and Defending Against Environmental Risks in Contracting,” Construction Risk Management Manual by International Risk Management Institute (IRMI) (June 1995)
“Contract Provisions and Environmental Liability,” Construction Risk Management Manual by IRMI (1996)
“Overview of Environmental Liability Insurance Coverages,” Construction Risk Management Manual by IRMI (1997)
“Environmental Liability Insurance for Property Transactions,” The Real Estate Finance Journal (Summer 1997)
“Design-Build on Environmental Remediation Projects,” Construction Risk Management Manual by IRMI (October 1997).
“Innovations in Insurance for Project Owners and Contractors,” paper presented at ABA Forum on the Construction Industry annual meeting, Las Vegas , NV (April 30, 1999)
“Transformed by the Touch of a Homeless Man,” Pathways Magazine (Washington, D.C. Winter 1999/2000)
“Search For Money: Insurance Perspective,” ABA Forum on the Construction Industry annual meeting program entitled “Guess Who’s Coming to Town? Stadiums, Arenas, Malls and More,” New Orleans , Louisiana (April 26-28, 2001).
“The Jonah Perspective on Construction Defects: A View From Inside the Fish,” Federation of Defense & Corporate Counsel Quarterly, (Vol. 53, No. 4, Summer, 2003).
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