RedVector RV-7444

Construction Contract Law Case Notes & Articles

Construction Contract Law Case Notes & Articles

4 hrs. Online Course

Level: Intermediate

Item#: RV-7444

SME: Kent Holland

This course has been discontinued
 

This 4-hour online course on construction contract law consists of information from over 30 case summaries. These summaries include commentary and risk management ideas relevant to architects, engineers, professional consultants, construction managers, project managers, project owners, contractors and subcontractors.

The course is divided into six sections, with each section containing approximately 5 or 6 cases or articles on different aspects of construction contract law risk management. The articles were first published in the ConstructionRisk.com Report, a library for risk management resources and information, during the years 2002 through 2005.

Course Objectives
 
After completing this course, you will be able to:
• Apply litigation and risk management principles on change orders, waiver and release language, compliance, claims processes, and notice requirements.
• Explain litigation and risk management principles regarding waivers of consequential damages, contract time requirements, notice and filing requirements, attorney-client privilege, copyright infringement, and limit of liability.
• Describe litigation and risk management principles related to business ethics, affidavits, indemnity, and right to payment.
• Explain insurance overages regarding faulty workmanship, general liability, waivers of subrogation, mold, and the absolute pollution exclusion.
• Illustrate the implications of mold safety standards, injury liability, and motions for summary judgment
• Describe surety, time limitations on suits, and warranties.

Kent Holland, the author of much of the material presented, is a construction lawyer with 25 years experience as an attorney and over 10 years as a risk management consultant and risk management director for design professional liability units of insurance carriers.

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 - Land Surveyor (General)
NC - Land Surveyor (General)