As project owners, design professionals, contractors and suppliers are jumping on the green design and construction band wagon, there are some fundamental risks arising out of green design and construction that are either being ignored or not adequately considered. This interactive online course addresses risks and liabilities unique to green design and construction, and provides risk management strategies for addressing these new risks through managing client expectations, drafting appropriate contract language, securing available insurance coverage, and exercising construction management or administration services to control or mitigate the risks arising out of building to meet green design requirements.
At the conclusion of this course you will be able to:
Recognize and identify risks unique to green design and construction
Identify the risks associated with LEED and LEED AP
Identify the risk associated General Contractors
Explain the roles of design professional and construction management in reducing risk within a project
Identify contract requirements
Explain risks that can arise from contracts
Understand Contract Commitments
Identify risks with Surety Bonds
Identify contract language to limit liability
Identify claims against design professionals
Identify claims against contractors
Illustrate solutions to managing the claims against contractors and design professionals
Identify the use of Affirmative Grants in relation to insurance and claims
Discuss the impacts of Direct and Consequential Damage
Identify the key findings of an evaluation of green building performance
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.
3 hrs. Online Course