Capital Project Strategies, LLC
11710 Plaza America Drive
Suite 2000
Reston, Virginia 20190
t: 703.871.5079
f: 703.433.9313
 
 

J. Kent Holland, Jr, Esq., DBIA
Consultant
Capital Project Strategies, LLC

  11710 Plaza America Drive
Suite 2000
Reston, VA 20190
Direct: 703/871-5079
kholland@cp-strategies.com
   Overview | Experience | Publications | Extended Bio | Download Full Bio
     
OVERVIEW

 

J. Kent Holland, Jr., has over 25 years of experience in the construction industry, as both a lawyer and a consultant focusing on risk management and contracting.  Kent has helped owners, design professionals, contractors, and insurance companies with contract drafting, review, and negotiation, and risk management and procurement advice concerning insurance coverage.  He has a national reputation for his broad experience in helping design professionals manage risk, and is frequently called upon to evaluate contracting terms and conditions and internal risk management practices.

In addition to being affiliated with Capital Project Strategies, Kent is the founder and president of the construction consulting firm ConstructionRisk, LLC, and the publisher of ConstructionRisk.com Report.  Kent is a frequent speaker for groups such as the American Bar Association and the International Risk Management Institute on the subjects of environmental, insurance, and construction law, and he has written several books on the topic of risk management. 

Kent practiced law with the national construction and government contracts law firm of Wickwire Gavin, P.C. for almost 20 years.  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. Kent is a 1979 graduate of the Villanova University School of Law. 

 

RECOGNITION

  • Martindale Hubbell AV rated

 REPRESENTATIVE CLIENTS

  • American Eagle Communities
  • Arch Insurance Group
  • EMG, Inc.
  • U.S. Navy

REPRESENTATIVE EXPERIENCE

  • Provides consulting services on environmental insurance for BRAC Early Transfers.
  • Provides risk management consulting services to insurance carriers that underwrite design professional liability and environmental insurance.
  • Assists numerous design firms and contractors with contract analysis, preparation, and negotiation.
  • Represents and defends design firms and environmental consultants in litigation.  A recent case was the defense of a firm that issued a property condition assessment (PCA) and an environmental site assessment (ESA).  The building purchaser sued the consultant for over $8 million, alleging breach of contract, negligence, and fraud.  Most of the complaint was dismissed pursuant to a motion to dismiss.  Partial summary judgment was granted on the balance of the case, enforcing a limitation of liability (LoL) clause, and ultimately resulting in a nominal settlement. 
  • Assisted a large developer of military privatized housing that was working under a public private partnership (PPP).  Services included assisting in analyzing contractor claims and successfully presenting claims for additional time and compensation.
  • Represented a large developer of military privatized housing that was working under a PPP.  Services included assisting in analyzing contractor claims and successfully presenting claims for additional time and compensation.  
  • Assisted a design-build contractor on a large PPP project for military housing.  Services included analyzing subcontractor claims and in preparing and presenting a claim to the project developer. 
  • Represented numerous municipal entities and utility authorities in grant disputes with the U.S. EPA, successfully defending against audit disallowances, and in several instances assisting in obtaining special legislative relief from repayment obligations.
  • Provides risk management guidance and training to design firms, contractors, and project owners.

PUBLICATIONS

Books

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 Council of Engineering Companies, 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.

Other Publications

"Insurance Claims on Design-Build Projects," Ch. 11, Design-Build Contracting Claims (Aspen Law & Business, Construction Law Library, New York, 1999).

"Environmental Issues in Construction," Ch.19, Wiley Environmental Law Update (John Wiley & Sons, 1996).

"Overview of Environmental Liability Insurance Coverages," Construction Risk Management Manual, IRMI (1997).

"Design-Build on Environmental Remediation Projects," Construction Risk Management Manual, 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).

"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, LA (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). 

 

SPEAKING ENGAGEMENTS

 

Nationally recognized speaker on the subjects of construction risk management, insurance, contracts, design and construction defect claims and liability, and related subjects.  Frequent presenter for organizations including ABA Forum on the Construction Industry, International Risk Management Institute (IRMI), Design-Build Institute of America (DBIA), and others.

 

BAR ADMISSIONS

 

1979, Maryland

1980, Virginia

1981, Pennsylvania

1980, Washington, D.C.

PROFESSIONAL MEMBERSHIPS AND ACTIVITIES

  • American Bar Association (ABA) - Public Contract Section and Forum on the Construction Industry
  • Design-Build Institute of America (DBIA)
  • Associated Builders and Contractors (ABC)
  • Association of Defense Communities (ADC)
  • Maryland Bar Association

PROFESSIONAL AFFILLIATIONS

  • Construction Risk, LLC, providing risk management consulting (1999 – present)
  • Construction Risk Counsel, PLLC (1999 – present)

PROFESSIONAL HISTORY

  • Akerman Senterfitt Wickwire Gavin, P.C. (2006-2007)
  • Wickwire Gavin, P.C. (1987-2006)
  • U.S.  Environmental Protection Agency – Office of General Counsel (1982-1986)

EDUCATION

J.D., Villanova University School of Law, 1979

B.S., Education (Earth & Space Science), West Chester State (PA), 1975

 

 

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