J. Kent Holland Jr., Esq.

Managing Principal ConstructionRisk.com, LLC 8596 Coral Gables Lane Vienna, VA 22182 (703) 623-1932 www.ConstructionRisk.com

Kent Holland wrote on design liability legal trends and now writes on environmental issues for IRMI.com.

As Managing Principal of ConstructionRisk.com LLC, Mr. Holland provides construction and environmental risk management services. His consulting services include assisting clients in risk management and legal issues in all phases of construction projects, including drafting and negotiating contracts, preparing change order and claim documentation, analyzing changes and claims, insurance risk management, and environmental risk management. His risk management clients have included insurers, Zurich North American Insurance and the Arch Insurance Group, as well as design professionals, environmental consultants, contractors and project owners, and developers. He is also a construction lawyer with a national practice emphasizing construction and environmental law—representing project owners, design professionals, and construction contractors in contract negotiations, claim resolution, disputes and litigation.

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 IRMI on the subjects of environmental law, insurance law, and construction law, with a special emphasis on risk management for design professionals and contractors. He has written several books, including Construction Law & Risk Management— Case Notes and Articles, Vol. II (2006); Risk Management & Contract Guide for Design Professionals (2006); Construction Law & Risk Management—Case Notes and Articles, (2003); 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 IRMI. He coauthored and edited Construction Contractor's Environmental Risk Management Procedures Manual for the Associated General Contractors Association of America (AGC). He has taught a Federal Publications course titled The Environmental Liabilities of Government Contractors and Agencies.

Mr. Holland publishes a Web-based construction risk management library and legal newsletter at http://www.ConstructionRisk.com. He is a 1979 graduate of the Villanova University School of Law.

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Articles on IRMI.com

Design Liability

Design-Builder Not Entitled to Equitable Adjustment (September 2004)

Standards Needed for Mold Exposure, Testing, and Remediation (April 2004)

Insurer Uses Contractual Liability Exclusion To Deny Coverage (June 2003)

Capping Damages Against Design-Builders (March 2003)

Copyright Infringement of Design Documents (November 2002)

Insurance Coverage—Waivers of Subrogation (August 2002)

Contract Documents of the Design-Build Institute of America (May 2002)

Public Agency Exempted Project from Competitive Bidding (February 2002)

Problems with Arbitration in Design-Build (November 2001)

Design-Build Engineer Held Liable for Negligence (July 2001)

Superfund Decision May Benefit Design Builders (April 2001)

Environmental

Homeowners Insurance Excludes Chinese Drywall Damage (February 2012)

Asbestos Damages Excluded under Condo Association's Property Policy (January 2012)

No CGL Coverage for Chimney Repairs Due to Carbon Monoxide Leakage (January 2011)

CGL Pollution Exclusion Applies to Dust and Diesel Fumes (December 2010)

Mold from a Covered Concurrent Cause Still Excluded (November 2010)

Pollution Exclusion Found Inapplicable (May 2010)

CGL Policy Held To Cover Oil Spill Cleanup Costs (April 2010)

Mold Damage to Contractor's Nondefective Work Caused by Subcontractor May Be Covered under Prime Contractor's Umbrella Policy (January 2010)

CGL Pollution Exclusion Bars Coverage for Injury from Carbon Monoxide Released from Heater (December 2009)

Insurer and Environmental Consultant Have No Duty To Warn of Mold (July 2009)

No Coverage in Homeowner's Policy for Mold Damage from Water Pipe Leak (May 2009)

Construction Debris Is Excluded Pollutant (February 2009)

Epoxy Fumes Excluded by CGL Insurance (November 2007)

Pollution Exclusion Bars Coverage for Damage Caused by Dirt and Rocks (March 2007)

Pollution Exclusions in CGL Policy Bars Coverage for Carbon Monoxide Poisoning (February 2007)

Mold Is Not Covered as an Ensuing Loss of Leaking Water (January 2007)

Premium Instead of Prayer Needed for Mold Coverage (July 2006)

Mold Litigation: Expert Testimony Required to Prove Causation (April 2006)

Subrogation and Intervention in Construction Defect Case Involving Water and Mold (February 2006)

Absolute Pollution Exclusion in Contractors Policy Does Not Bar Coverage for Toxic Fume Injuries (November 2005)

Silica Claim Barred by Total Pollution Exclusion in CGL Policy (August 2005)

Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy (May 2005)

Whether Mold Cleanup Costs Are Covered Depends on Causation (April 2005)

Homeowners Policy Unambiguously Excluded Coverage for Mold (October 2004)