RedVector RV-10399

Contract Guide for Design Professionals - Basic Principles

Contract Guide for Design Professionals - Basic Principles

3 hrs. Online Course

Level: Fundamental

Item#: RV-10399

SME: Kent Holland

This course is written primarily for the design professional - architects, engineers, and other persons that provide professional opinions and services for construction projects. The discussion of contract clauses in this course is intended to provide general information and education for use on traditional design-bid-build projects and does not necessarily apply to the design-build method of contracting. This is because the expectations of the parties on design-build projects are generally different than those on design-bid-build projects. Also, the terms and conditions of contractual agreements on those projects will reflect those different expectations—resulting in a different allocation of risk between the parties. Nevertheless, for a few of the key terms and conditions, a brief discussion of risk allocation and risk management on design-build projects is included in this course. In a similar manner, although this course is focused on traditional commercial projects, brief discussions of clauses and risk management issues germane to Environmental Remediation contracts are included. This course outlines a number of the contract clauses most often identified by construction lawyers and professional liability insurance carriers as requiring particular attention with regard to risk allocation.
Course Objectives
At the conclusion of this course, you will be able to:
  • Identify the risks inherent in professional services agreements and be in a better position to negotiate
  • Create reasonable terms and conditions that appropriately allocate risk to the party best capable of managing that risk and obtaining insurance for the risk
  • Demonstrate a greater appreciation and knowledge of problems and potential solutions with regard to the insurability of the risks undertaken in various contract clauses
  • Propose and revise the terms and conditions to more effectively manage the risk
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
AK - Engineer (Health, Safety & Welfare - ,)
AL - Engineer (General - ,)
AL - Landscape Architect (General - Approved LA CES-2024)
AR - Engineer (General - ,)
DC - Engineer (General - CE21800018)
DE - Engineer (Business Practice (maximum of 9 hours) - ,)
GA - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
GA - Engineer (General - ,)
GA - Landscape Architect (General - Approved LA CES-2024)
IA - Engineer (General - ,)
ID - Engineer (General - ,)
IL - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
IL - Engineer, Professional (General - ,)
IL - Engineer, Structural (General - ,)
IL - Landscape Architect (General - Approved LA CES-2024)
IN - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
IN - Engineer (General - Board Approved - CE21800018)
IN - Landscape Architect (General - Approved LA CES-2024)
KS - Engineer (Health, Safety & Welfare - ,)
KS - Landscape Architect (General - Approved LA CES-2024)
KY - Engineer (General - ,)
LA - Engineer (General - ,)
LA - Landscape Architect (General - Approved LA CES-2024)
MD - Engineer (General - ,)
MD - Landscape Architect (General - Approved LA CES-2024)
ME - Engineer (General - ,)
MI - Engineer (General - ,)
MI - Landscape Architect (General - Approved LA CES-2024)
MN - Engineer (General - ,)
MO - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
MO - Engineer (General - ,)
MO - Landscape Architect (General - Approved LA CES-2024)
MS - Engineer (General - ,)
MT - Engineer (General - ,)
NC - Engineer (General - ,)
ND - Engineer (Health, Safety & Welfare - ,)
NE - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
NE - Landscape Architect (General - Approved LA CES-2024)
NH - Engineer (General - ,)
NJ - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
NJ - Engineer (General - 24GP000006300)
NM - Engineer (General - ,)
NM - Landscape Architect (General - Approved LA CES-2024)
NV - Engineer (General - ,)
NY - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
NY - Landscape Architect (General - Approved LA CES-2024)
OH - Engineer (General - ,)
OH - Landscape Architect (General - Approved LA CES-2024)
OK - Engineer (General - ,)
OR - Engineer (General - ,)
OR - Landscape Architect (General - Approved LA CES-2024)
PA - Landscape Architect (General - Approved LA CES-2024)
PR - Engineer (General - ,)
SC - Engineer (General - ,)
SD - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
SD - Engineer (General - ,)
SD - Landscape Architect (General - Approved LA CES-2024)
TN - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
TN - Engineer (Health, Safety & Welfare - ,)
TN - Landscape Architect (General - Approved LA CES-2024)
TX - Engineer (General - ,)
UT - Engineer (General - ,)
VA - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
VA - Engineer (General - ,)
VA - Landscape Architect (General - Approved LA CES-2024)
VT - Engineer (General - ,)
WA - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
WA - Landscape Architect (General - Approved LA CES-2024)
WI - Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
WI - Engineer (General - ,)
WV - Engineer (General - ,)
WV - Landscape Architect (General (max 6 hrs online) - Approved LA CES-2024)
WY - Engineer (General - ,)
Professional Organizations
American Academy of Environmental Engineers - AAEES - Member (General - ,)
American Hospital Association - AHA - Certified Healthcare Constructor (CHC) (General)
American Institute of Architects - AIA - Architects (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
American Society of Landscape Architects (LA CES) - ASLA - Member (General - Approved LA CES-2024)
Canada - Alberta Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Alberta Engineer (General - ,)
Canada - British Columbia Architect (AIBC) (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - British Columbia Engineer (General - ,)
Canada - Manitoba Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Manitoba Engineer (General - ,)
Canada - New Brunswick Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - New Brunswick Engineer (General - ,)
Canada - Newfoundland and Labrador Engineer (General - ,)
Canada - Northwest Territories and Nunavut Engineer (General - ,)
Canada - Northwest Territory Architect / Restricted Practitioner (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Nova Scotia Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Nova Scotia Engineer (General - ,)
Canada - Ontario Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Ontario Engineer (General - ,)
Canada - Prince Edward Island Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Prince Edward Island Engineer (General - ,)
Canada - Quebec Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Quebec Engineer (General - ,)
Canada - Saskatchewan Architect (General - RV1302-2025)
Accreditation: AIA Registered Provider J315
Canada - Saskatchewan Engineer (General - ,)
Canada - Yukon Engineer (General - ,)
National Institute for Certification in Engineering Technologies - NICET (General - ,)
Ontario Association of Certified Engineering Technicians and Technologists - OACETT - Certified Member (Management/Leadership Training)