RedVector RV-7183

Contract Guide for Design Professionals: Basic Principles

Contract Guide for Design Professionals: Basic Principles

2 hrs. Online Course

Level: Fundamental

Item#: RV-7183

SME: Kent Holland

This course has been discontinued
 
This 2-hour interactive online course provides a review and discussion of the terms and conditions of design professional agreements, with an analysis of significant risk management concerns including the insurability of the risks undertaken by way of the contract clauses.  This course references the AIA Document B-141 and EJCDC Document 1910-6. 

The clauses discussed include:

  • Americans with Disabilities Act (ADA)
  • CADD and Electronic Media
  • Certification
  • Compliance with Law
  • Cost Estimates
  • Indemnity
  • Inspection
  • Insurance
  • Limitation of Liability
    Ownership of Documents
  • Schedule (Timeliness of Performance)
  • Scope of Service
  • Site Safety
  • Standard of Care
  • Warranties and Guarantees
  
There will be a multiple-choice quiz at the end of each section.          
Course Objectives

At the conclusion of this course, you will learn:

  • General and advanced principles of design professional contracting in order to understand the risks inherent in professional services agreements and be in a better position to negotiate
  • How to obtain reasonable terms and conditions that appropriately allocate risk to the party best capable of managing that risk and obtaining insurance for the risk 
  • How to develop a greater appreciation and  knowledge of problems and potential solutions with regard to the insurability of the risks undertaken in various contract clauses
  • How to negotiate and revise the terms and conditions to more effectively manage the risk 

Note: For a more extensive number of example clauses and discussion, you may consider taking the four credit hour, advanced course and the three credit hour, intermediate course by the same name and author.  After presenting onerous, adverse clauses as examples of language that a design professional should avoid, each section presents suggested solutions and reasonable alternative language or clauses. 

This course is written by Kent Holland, a construction lawyer as well as Director of Risk Management Services for the design professional liability unit of Arch Insurance Group, Inc. This course is based upon his knowledge and experience in reviewing the hundreds of contracts of design professionals and assisting them and the insurance carrier in managing risks arising from contract terms and conditions. 

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)