Design-Build Professional Liability Risk Management & Insurance - Introduction

$59.90

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This course has been discontinued

This 2 hour interactive online course addresses professional liability exposures of the design professional and contractor on projects that utilize the design-build method. Professional liability risks are analyzed in terms of owner expectations, risk allocation contained in the contract terms and conditions, and court decisions applying contractual and legal principles affecting design-builders. Professional liability insurance is also reviewed as to coverage available, exclusions that typically apply, and how policy language has been interpreted and applied in actual cases, both as to design professionals and construction contractors. This course includes a multiple-choice quiz at the end.

This course makes up a significant portion of the Advanced Level version of this course also offered on RedVector.com. It is not recommended that you take both of these courses together. You should choose one or the other based on your experience and how much information you are looking for on this topic.

Objectives SME

Course Objectives

At the conclusion of this course, the student will:

Become more sensitized to the the differences in professional liability risks arising under the Design-Build Method of contracting as compared to the traditional Design-Bid-Build method
Better understand the differences in the roles, responsibilities and liabilities for the design firm, the contractor, and the owner under this method of contracting.
Learn to recognize key contract terms and conditions that impact the allocation of professional liability risks and will have a greater understanding of the clauses and how to negotiate them to most reasonably allocate the risks consistent with the expectations of the various parties.
Gain an understanding of how courts are interpreting and applying contract terms and conditions, and how they are assessing liability of the parties on design-build projects.
Learn vital insurance principles, including terms and conditions of a typical professional liability policy, so they understand the appropriate insurance coverage to request and have the ability to negotiate the design-build contracts and subcontracts so that risks are allocated to the party that can best control the risk and can most reasonably insure the risk.

SUBJECT MATTER EXPERT: Kent Holland

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.