Biographies

Kent Holland

Kent Holland

Managing Principal, ConstructionRisk.com, LLC


Contact Info

ConstructionRisk.com, LLC
8596 Coral Gables Lane
Vienna, VA 22182
Phone: (703) 623-1932

www.ConstructionRisk.com


Background

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 several insurers, as well as design professionals, environmental consultants, design-builders, contractors, project owners, and developers.

He is also a construction lawyer with the firm of ConstructionRisk Counsel, PLLC, 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 Contract Guide for Design Professionals (2012); Working of Purpose (2011); Risk Management for Design Professionals in a World of Change (2010); 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 www.ConstructionRisk.com. He is a 1979 graduate of the Villanova University School of Law. When not working, you will find Kent on his motorcycle, bicycle, snowboard, or playing tennis.


Expert Commentary

Date Article
Sep 2018 Preventive Environmental Measures Ruled Not Insured Damages
Jan 2018 Continuous/Progressive Exclusion Bars Coverage
Oct 2016 Lead-Based Paint Is a "Pollutant" within CGL Pollution Exclusion
Jun 2016 Subcontractor Liable for Using Asbestos-Laden Materials
Sep 2015 Damages from Natural Gas Pipe Explosion Covered
Aug 2015 CGL Pollution Exclusion Bars Coverage for Insulation Injuries
Feb 2015 No CGL Pollution Exclusion Ambiguity Due to Breadth of Exclusion
Oct 2014 Pollution Exclusion Bars Recovery for Injuries from Concrete Sealant
Jul 2014 No Duty To Defend under CPL Policy for Natural Gas Pipe Explosion
Apr 2014 Building Owner Not Barred by "Waiver of Subrogation" Clause from Seeking Damages Against Contractors for Diesel Leak Harming "Nonwork" Property
Mar 2014 EIFS Repairs Covered without Insurer's Consent
Apr 2013 Chinese Drywall Damages Excluded from Coverage under Homeowners Policy
Nov 2012 No Duty To Protect Worker Family Members from Secondary Asbestos Exposure
Oct 2012 Hydraulic Fracturing Damages Excluded by CGL Pollution Exclusion
Jun 2012 CGL Absolute Pollution Exclusion Barred Coverage for Chinese Drywall Damages
Feb 2012 Homeowners Insurance Excludes Chinese Drywall Damage
Jan 2012 Asbestos Damages Excluded under Condo Association's Property Policy
Jan 2011 No CGL Coverage for Chimney Repairs Due to Carbon Monoxide Leakage
Dec 2010 CGL Pollution Exclusion Applies to Dust and Diesel Fumes
Nov 2010 Mold from a Covered Concurrent Cause Still Excluded
May 2010 Pollution Exclusion Found Inapplicable
Apr 2010 CGL Policy Held To Cover Oil Spill Cleanup Costs
Jan 2010 Mold Damage to Contractor's Nondefective Work Caused by Subcontractor May Be Covered under Prime Contractor's Umbrella Policy
Dec 2009 CGL Pollution Exclusion Bars Coverage for Injury from Carbon Monoxide Released from Heater
Jul 2009 Insurer and Environmental Consultant Have No Duty To Warn of Mold
May 2009 No Coverage in Homeowner's Policy for Mold Damage from Water Pipe Leak
Feb 2009 Construction Debris Is Excluded Pollutant under Professional Liability Policy
Nov 2007 Epoxy Fumes Are Unambiguously Excluded from Coverage as "Pollutants" under the CGL Total Pollution Exclusion
Mar 2007 Pollution Exclusion Bars Coverage for Damage Caused by Dirt and Rocks
Feb 2007 Pollution Exclusions in CGL Policy Bars Coverage for Carbon Monoxide Poisoning
Jan 2007 Mold Excluded in Homeowner's Policy Is Not Covered as an Ensuing Loss of Leaking Water
Jul 2006 Premium Instead of Prayer Needed for Mold Coverage
Apr 2006 Mold Litigation: Expert Testimony Required to Prove Causation
Feb 2006 Subrogation and Intervention in Construction Defect Case Involving Water and Mold
Nov 2005 Absolute Pollution Exclusion in Contractors Policy Does Not Bar Coverage for Toxic Fume Injuries
Aug 2005 Silica Claim Barred by Total Pollution Exclusion in CGL Policy
May 2005 Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy
Apr 2005 Whether Mold Cleanup Costs Are Covered Depends on Causation
Oct 2004 Homeowners Policy Unambiguously Excluded Coverage for Mold
Sep 2004 Design-Builder Not Entitled to Equitable Adjustment To Meet Owner's Detailed Design Specifications
Apr 2004 Standards Needed for Mold Exposure, Testing, and Remediation
Jun 2003 Insurer Uses Contractual Liability Exclusion To Deny Coverage
Mar 2003 Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available Against Design-Builder
Nov 2002 Copyright Infringement of Design Documents
Aug 2002 Insurance Coverage—Waivers of Subrogation
May 2002 Contract Documents of the Design-Build Institute of America
Feb 2002 Public Agency Exempted Project from Competitive Bidding
Nov 2001 Problems with Arbitration in Design-Build
Jul 2001 Design-Build Engineer Held Liable for Negligence
Apr 2001 Superfund Decision May Benefit Design-Builders on Environmental Remediation Projects
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