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J. Kent Holland, Jr. is
managing principal of ConstructionRisk.com, LLC, providing construction
and environmental risk management services.
His services include assisting clients draft insurance policy and
endorsement language, and drafting and negotiating contracts with risks
allocated between parties so as to achieve greater insurability.
He teaches risk management and loss prevention workshops and
seminars for environmental consultants, design professionals,
design-builders, and project owners.
He has provided insurance-risk management services on a
project-specific basis on numerous large projects.
He is also a construction
lawyer with a national practice emphasizing construction and
environmental law—representing project owners, design professionals,
and construction contractors in contract negotiations, claim resolution,
disputes and litigation.
From 1982 through 1986, he was an attorney in the Office of
General Counsel of the U.S. Environmental Protection Agency, with
responsibility for assisting the Agency in deciding wastewater treatment
construction grants disputes, contractor claims, bid protests,
suspension and debarment matters and minority business enterprise
matters.
Mr. Holland is a
frequent speaker for groups such as the American Bar Association and the
International Risk Management Institute on the subjects of environmental
law, insurance law, and construction law, with a special emphasis on
risk management for design professionals and contractors. He has
written several books, including Risk
Management & Contract Guide for Design Professionals (2006); Construction
Law & Risk Management - Case Notes and Articles,
(2003); Architectural/Engineering Contracts Risk Management Guide
(1997); and EPA Construction
Grants Disputes: Surviving the Audit (1990). He has also has written
chapters in several manuals and books for publishers including, Wiley
Law, Aspen Law, and International Risk Management Institute (IRMI).
He co-authored and edited Construction Contractor’s Environmental
Risk Management Procedures Manual for the Associated General
Contractors Association of America (AGC).
He has taught a Federal Publications course titled The
Environmental Liabilities of Government Contractors and Agencies.
Mr. Holland
publishes a web-based construction risk management library and legal
newsletter at http://www.ConstructionRisk.com. He is a 1979
graduate of the Villanova University School of Law.
Articles, books and presentations
by Kent Holland
Books Authored Include:
"Construction Law & Risk Management - Case Notes and
Articles," (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
“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 (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
Newsletters
and Periodicals – Ongoing
International
Risk Management Institute (IRMI) Expert Commentary on Environmental
Insurance Law
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)
Design Professional Briefings (Arch Insurance) - Quarterly
newsletter by Arch Insurance Group, Inc.. From Fourth Quarter of 2002
through current.
Environmental Risk Briefings (Arch Insurance)- Quarterly
newsletter by Arch Insurance Group, Inc.. From Fourth Quarter of 2002
through current.
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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