RedVector RV-7270

Insurance for Construction Defects

Insurance for Construction Defects

3 hrs. Online Course

Level: Advanced

Item#: RV-7270

SME: Kent Holland

This course has been discontinued
 

This 3-hour interactive online course provides a combination of a technical and legal overview and analysis of how insurance for construction defects can be included in various insurance policy forms such as commercial general liability, builder’s risk and professional liability policies. It is based upon a paper that was written for presentation at a conference of the American Bar Association Construction Forum.  The paper was written by Kent Holland, Director of Risk Management Services for the Design Professional Liability unit of Arch Insurance Group, Inc. and John Lennes, attorney for the Construction Insurance unit of Zurich North America Insurance. 

This course includes a multiple-choice quiz at the end of each section.

Course Objectives

At the conclusion of this course, you will learn:

  • Numerous legal theories by which an Insured party may potentially make claims under a variety of different kinds of policies to recover for damages arising out of construction defects. 
  • Arguments presented by Insurers to support their claims for coverage and those used by insurance carriers to deny coverage
  • How the mindset of judges and insurance underwriters is impacting the outcome of claims
  • What insurance companies assert that they intend to cover by policy language and exclude from coverage through various endorsements   
  • A variety of insurance policies including several of the litigation theories that are argued by insurance carriers to deny coverage under various insurance policies

By becoming more familiar with these theories, the student will also be able to:

  • Better appreciate how to obtain insurance coverage for the various risks that may be encountered on a construction project, and how to properly report its claims in a manner that is consistent with the policy terms and conditions
  • Learn how to not waste time, effort and money suing insurance companies for coverage when there is significant likelihood that the carrier will prevail in the court
  • Learn about the potential coverage denial that Design Professionals may encounter under their professional liability policies for claims related to construction defects
  • Develop a greater understanding of what coverage to request, what coverage endorsements to seek or to avoid, and what facts and legal arguments will have a greater likelihood of courts finding coverage in policies for construction defects
SUBJECT MATTER EXPERT: Kent Holland
Kent Holland Photo
J. Kent Holland is a construction lawyer located in Tysons Corner, Virginia, with a national practice (formerly with Wickwire Gavin, P.C (1986 – 2007), 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 – including assistance with contract drafting, review and negotiation; change order and claims analysis (preparation or defense); risk management advice concerning insurance coverage – including assistance with negotiating and drafting the terms and conditions of policies and endorsements, advice to insurance underwriters; guidance to those procuring insurance; change order and claim preparation, analysis and defense; contract preparation; contract review and contract negotiation.

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 construction, environmental and insurance law and risk management. He has written several books, including “Contract Guide for Design Professionals,” (2012); “Working on Purpose,” (2011); “Risk Management for Design Professionals in a World of Change,” (2010); Risk Management & Contract Guide for Design Professionals (2006); Construction Law & Risk Management - Case Notes and Articles, (Vol. I. 2003 and Vol. II. 2006)); 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 is publisher of a web-based construction risk management library and legal newsletter at http://www.ConstructionRisk.com, where he can be reached at Kent@ConstructionRisk.com. His free monthly electronic newsletter by the same name, analyzing recent legal cases and risk management issues impacting design professionals and design-builders.
 
Mr. Holland has served as a risk management consultant for the Design Professional Liability units of Zurich North America Insurance and Arch Insurance Group, and currently provides risk management services for those and other insurance carriers and insurance brokerage firms, as well as for design professional firms. In that capacity he has reviewed thousands of contracts of design professionals to comment on risk allocation and insurability of risks. He has assisted in drafting several unique insurance policy forms, including Owner's Protective Professional Indemnity Insurance (OPPI), and Contractor's Protective Professional Indemnity and Liability Insurance (CPPI) and Integrated Project Delivery (IPD) Professional Liability Insurance.
 
He is active in the Design Build Institute of America (DBIA), the American Council of Engineering Companies (ACEC) and the Construction Forum of the American Bar Association (ABA). Mr. Holland is a 1979 graduate of the Villanova University School of Law.
State Licenses
NC - Land Surveyor (General)