RedVector RV-7326

Site Safety Risk and Liability

Site Safety Risk and Liability

2 hrs. Online Course

Level: Fundamental

Item#: RV-7326

SME: Kent Holland

This course has been discontinued
 
This 2 hour interactive online course presents case summaries from a dozen court decisions discussing site safety responsibility and liability of architects, engineers, project owners and contractors. The typical situation is one in which a laborer working for a construction contractor is injured or killed on the construction site. Suit is then brought against the design professional, owner or another contractor alleging they controlled the jobsite and were contractually or legally responsible for the injuries or death. The case summaries are short and easy to read. They are intended to familiarize the student with the principle legal theories and factual scenarios presented by plaintiffs as well as the key factors considered by the courts in determining whether there is liability. This course includes a multiple choice quiz at the end to assure that the student grasps the significance of the cases that are reported and understands the principles to be applied from the cases.

Course Objectives

At the conclusion of this course, you will:

  • Be familiar and sensitive to the legal theories and factual scenarios presented by plaintiffs as well as the key factors considered by the courts in determining whether there is liability.
  • Understand the practical consquences of legal principles and holdings of the courts for managing the risk of site safety responsibility.
  • Have a better understanding of contractual language that can be used to reduce the potential for liability.
  • Understand actions that, if taken in the field during performance of the work or services, may reduce (or potentially increase) the risk of liability arising out of injuries to a non-employee.
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
GA - Contractor, Residential and General (General)
NC - Land Surveyor (General)