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Articles, books and presentations
by Kent Holland
Books Authored Include:
"Risk Management & Contract Guide for Design
Professionals," (Ardent Publications, 2006)
"Construction Law & Risk Management - Case Notes and
Articles, Vol. II." (Ardent Publications, 2006).
"Construction Law & Risk Management - Case Notes and
Articles, Vol. I." (Ardent Publications, 2003).
"The
Winning Way
- A Spiritual Journey to a Life of Success and Significance,"
(Ardent Publications, 2003).
"Architectural/Engineering Contract Guide," (American
Consulting Engineering Council, Washington, D.C. 1999).
"Construction Contractors' Environmental Risk Management
Procedures Manual," Associated General Contractors of
America
,
Washington
,
D.C.
1994)(co-author and editor).
"Architectural/Engineering Contracts: Risk Management Guide
(Zurich Insurance, New York, NY, 1997/1998).
"EPA Construction Grants: Surviving the Audit," Water
Pollution Control Federation, (Alexandria, VA 1988)
Chapters Written for Co-Authored Books include:
"Insurance Claims on Design-Build Projects," Design-Build
Contracting Claims, Chapter 11, (Aspen Law & Business, Construction
Law Library, New York, 1999)
"Environmental Issues in Construction," Wiley Environmental
Law Update, Chapter 19 (John Wiley & Sons, 1996)
"Identifying and Avoiding Environmental Risks in
Contracting," Wiley Construction Law Update, Chapter 16 (John Wiley
& Sons, 1995)
"Dealing with Hazardous Waste and Environmental Issues,"
Design Professionals Handbook, Chapter 26, (John Wiley & Sons,
1991).
Speaking Engagements
"Design-Build Construction for the U.S. National
Guard," DBIA certification course (November 2007, Key West,
FL).
"50 Legal Concepts Every Engineer Should
Know," ACEC seminar (November 2007 - San Francisco, CA).
"Construction Defects: Finding Insurance
Coverage," American College of Mortgage Attorney (October
2007 - Aspen, CO).
“Why Should I Pay for Your Mistakes? Indemnification:
Addressing the Contract Language Details,”
ABA
Forum on the Construction Industry (Oct 12, 2006
Scottsdale).
“Proactively Managing Risks
and Claims in Design and Construction,” International Risk Management
Institute (IRMI) seminars in 2004, (March 23-24 –
Las Vegas
, March 31-April 1 –
Chicago
, April 13-14 –
Washington
,
D.C.)
“Environmental Risk and Insurance,” seminar presented with Arthur
J. Gallagher & Co., (Chicago ,
IL
- March 15, 2004).
"Risk Management and Insurance for Design Professionals,"
presented at International Risk Management Institute 23rd IRMI
Construction Risk Conference (Chicago ,
IL
- Nov 18, 2003).
"Design Professional Risk Management Workshop,"
ConstructionRisk.com presentation (New York ,
NY
- Oct. 16, 2003).
"Design-Build: Current Issues," panel moderator for DBIA
Annual Meeting (
Orlando
,
FL
- October 9, 2003).
“Environmental Risk Management and Insurance,” presented for
State Capital Law Firm Group, Annual Meeting (Boston ,
MA
- October 3, 2003).
"Risk Management for the Design
Professional," two and three hour workshops presented on a regional
basis throughout the year by ConstructionRisk.com, LLC and Arch
Insurance Group.
"Design Professionals' Risk Management," presented
for the
Buffalo
chapter of the New York State Professional Engineers Society (
Buffalo
,
NY
- Dec. 2002).
"Land Surveyors Risk Management," presented at Michigan
Land Surveyors annual conference, (
Grand Rapids
,
MI
- February, 2002).
"Search For Money: Insurance Perspective," ABA Forum on the
Construction Industry annual meeting program entitled "Guess
Who’s Coming to Town? Stadiums, Arenas, Malls and More,"
New Orleans
,
Louisiana
(April 26-28, 2001).
"Design-Build Project Delivery: Legal & Insurance
Challenges," DBIA Southeast Chapter Meeting, (Atlanta ,
GA
, May 17, 2001).
"Design-Build Contracting and Risk Management," DBIA
educational seminar (Denver ,
CO, June 29, 2001).
"E-Commerce in Insurance & Construction," 20thth
Annual Construction Insurance Conference," International Risk
Management Institute, 2000.
"Internet as a Risk Management Tool," 19th
Annual Construction Insurance Conference," International Risk
Management Institute, (Chicago, IL, November 15-18, 1999)
Online Continuing Education Programs
(created for RedVector.com)
Design and Construction Related
Courses
Construction Contract Law -
Introduction (2 hrs)
Construction Contract Law -
Advanced (4 hrs)
Contract Guide for Design
Professionals - Basic Principles (2 hrs)
Contract Guide for Design
Professionals - Intermediate (3 hrs)
Contract Guide for Design
Professionals - Advanced (5 hrs)
Contractor Lawsuits against Design
Professionals (2 hrs)
Design-Build Professional
Liability Risk Management & Insurance - Intro (2 hrs)
Design-Build Professional
Liability Risk Management & Insurance - Adv. (3 hrs)
Environmental Risks (2 hrs)
Insurance Coverage Disputes (2hrs)
Insurance for Construction Defects
(3hrs)
Insurance for Design-Build and
Complex Projects (2 hrs)
Professional Standard of Care -
Proof & Defense (2 hrs)
Risk Management for the Design
Professional - Basic Principles (2 hrs)
Risk Management for the Design
Professional - Intermediate (3 hrs)
Risk Management for the Design
Professional - Advanced (5 hrs)
Risk Managing Communication,
Documentation & Reports (2hrs)
Site Safety Risk & Liability
(2hrs)
Personal & Business
Development Courses
ABCs of Goals: Setting and
Achieving Goals (4 hrs)
ABCs of Managing Time and Effort
the 80/20 Way: Greater Results - Less Effort (4 hrs)
Newsletters
and Periodicals – Ongoing
International Risk Management Institute
(IRMI) Expert Commentary on Environmental Insurance Law
Premium
Instead of Prayer Needed for Mold Coverage — by J.
Kent Holland Jr. (July 2006)
Mold
Litigation: Expert Testimony Required to Prove Causation —
by J.
Kent Holland Jr. (April 2006)
Subrogation
and Intervention in Construction Defect Case Involving Water and Mold
— by J.
Kent Holland Jr. (February 2006)
Absolute
Pollution Exclusion in Contractors Policy Does Not Bar Coverage for
Toxic Fume Injuries — by J.
Kent Holland Jr. (November 2005)
Silica
Claim Barred by Total Pollution Exclusion in CGL Policy —
by J.
Kent Holland Jr. (August 2005)
Broad
Pollution Exclusion Is Ambiguous: Lead Covered by Policy —
by J.
Kent Holland Jr. (May 2005)
Whether
Mold Cleanup Costs Are Covered Depends on Causation — by J.
Kent Holland Jr. (April 2005)
Homeowners
Policy Unambiguously Excluded Coverage for Mold — by J.
Kent Holland Jr. (October 2004)
Superfund
Decision May Benefit Design Builders — by J.
Kent Holland Jr. (April 2001)
Insurance
Coverage—Waivers of Subrogation — by J.
Kent Holland Jr. (August 2002)
Insurer
Uses Contractual Liability Exclusion To Deny Coverage — by J.
Kent Holland Jr. (June 2003)
ConstructionRisk.com Report. Legal newsletter
published monthly by ConstructionRisk.com, LLC, authored and edited by
Kent
Holland
since April, 1999.
Design-Build Dateline: Legalities Column -
Newsletter of the Design-Build Institute of America (DBIA), Articles in
2000 and 2001 include:
"Owner
Permitted to Sue its Contractor’s A/E Subconsultant"
"Ownership and Copyright of Instruments of Service"
"Superfund Does Not Impose Strict Liability on Engineer"
"Problems
with Arbitration in Design-Build"
Architectural/Engineering Briefings. Legal
newsletter published quarterly by Zurich North America Insurance,
authored from 1995 through 2002.
Partial Listing of other Articles and Papers
"Bid Protests Under Federal Grant Projects," Federal
Publications, Inc. 1987)
"Grantees May Sue U.S. In District Court," Water Pollution
Control Federation (WPCF) Journal (October 1988)
"Avoiding Bid Protests," Journal of Water Pollution Control
Federation (January 1989)
"Minority Business Set Asides Reined in by Supreme Court,"
WPCF Journal (April 1989)
"Federal Grants and the Drug Free Workplace Act," WPCF
Journal (August 1989)
"Malfunctioning Treatment Works: Liability and Legal
Remedies," Water Environment and Technology (October 1989)
"Indemnification and Risk Reduction Strategies,"
Environmental Claims Journal (Autumn 1989)
"Risk Reduction Strategies for Hazardous Waste and Asbestos
Abatement Contractors," ECNO-Environmental Contractor (February
1990)
"Remedies and Liabilities for Malfunctioning Treatment
Plants," Environmental Claims Journal ((Winter 1989/90)
"Construction Contract Claims," Water Environment &
Technology (April 1991)
"Contractor’s Construction Claim Barred by ‘No Damages for
Delay’ Clause," Water/ Engineering & Management (February
1992)
"The Economic Loss Doctrine: The Engineer’s Last Best Defense
Against Contractor Claims," Water/Engineering & Management
(April 1992)
"No Due Process for EPA Contractors," Water/Engineering
& Management (May 1992)
"Environmental Regulation Entitles Landowner to
Compensation," Water Environment & Technology (1992)
"EPA Not to Second Guess Approval of Change Orders," Water
Engineering & Management (September 1992)
"Avoiding the Liability Pitfalls in Contracting for Hazardous
Waste Cleanup," Hazardous Materials Control Resources Institute
(Superfund 1992)
A New Era of Environmental Litigation Against Construction
Contractors," Water Engineering & Management (March 1993)
"Allocating Cleanup Contracting Risks," Water Engineering
& Management (April 1993)
"EPA Final Guidelines for Contractor Indemnification,"
Hazardous Materials Control (May/June 1993)
"Accounting for Environmental Contingencies," Water
Environment & Technology (July 1993)
"The Case Against Base Bidding," Water Environment &
Technology (September 1993)
"Pollution Insurance for Water and Wastewater Facilities,"
Water Engineering & Management (September 1993)
"Environmental Cleanup Contracting: The Expanding Liability
Risks," Environmental Claims Journal (October 1993)
"Insurance & Surety for Environmental Contractors," The
Cambridge Institute (Summer 1993)
"Surety, Insurance, Construction and Hazardous Waste: A Toxic
Mix?" The Construction Lawyer of the ABA Forum on Construction
(January 1994)
"Special Considerations in Bonding Environmental Remediation
Projects," Environmental Contractor Risk and Liability Report by
George Washington University (Spring 1994)
"Overexposed: Remediation Contractors and CERCLA,"
Constructor Magazine by AGC (August 1995)
"Identifying and Defending Against Environmental Risks in
Contracting," Construction Risk Management Manual by International
Risk Management Institute (IRMI) (June 1995)
"Contract Provisions and Environmental Liability,"
Construction Risk Management Manual by IRMI (1996)
"Overview of Environmental Liability Insurance Coverages,"
Construction Risk Management Manual by IRMI (1997)
"Environmental Liability Insurance for Property
Transactions," The Real Estate Finance Journal (Summer 1997)
"Design-Build on Environmental Remediation Projects,"
Construction Risk Management Manual by IRMI (October 1997).
"Innovations in Insurance for Project Owners and
Contractors," paper presented at ABA Forum on the Construction
Industry annual meeting, Las Vegas, NV (April 30, 1999).
"Transformed by the Touch of a Homeless Man," Pathways
Magazine (Washington, D.C. Winter 1999/2000).
"Search For Money: Insurance Perspective," ABA Forum on the
Construction Industry annual meeting program entitled "Guess
Who’s Coming to Town? Stadiums, Arenas, Malls and More," New
Orleans, Louisiana (April 26-28, 2001).
“The Jonah Perspective on Construction Defects: A View From Inside
the Fish,” Federation of Defense & Corporate Counsel Quarterly,
(Vol. 53, No. 4, Summer, 2003).
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