Over 300 pages of commentary on risk management and contracts. Written by attorney, J. Kent Holland, based upon his knowledge and experience from over 20 years working with design professional contracts, risk management and insurance. This is a practical guide to help design professionals and those who work with design professionals to better understand and manage risks and liabilities potentially arising out of contracts, communication, and documentation. Much attention is given to explaining how contract language may affect the availability of insurance coverage for claims against design professionals. Several chapters address managing communication and documentation, with particular emphasis on e-mail, and records maintenance, retention, and destruction. Over 30 clauses that may be of particular concern for risk management and insurability of risks are discussed. For each of these clauses, one or more key issues is considered. Extensive examples and commentary are offered on various provisions of the AIA and EJCDC forms. In addition to discussing example contract clauses, we have included a discussion of risk management of communication and documentation. As you will see from the litigation examples referenced, many claims against design professionals could be avoided or mitigated through better communication and documentation. This is such an important issue that entire seminars are devoted to it. WHO SHOULD GET IT? (1) Attorneys and insurance brokers that advise design professionals on their contracts and the insurability of contract language; (2) design professionals who desire to have more information and reasoning to use during their contract negotiations with project owners; (3) project owners who desire to understand what and why design professionals are seeking certain language in their contracts and rejecting language proposed by owners. They will also benefit from learning what professional liability insurance can and cannot cover in the way of claims against design professionals. (4) Educators will find this book a useful tool to teaching practical application of the concepts of risk management. The book can easily be used as course book and even provides continuing education quizzes for three distinct continuing education courses based upon reading various chapters of the book.

About the Author

J. Kent Holland is a risk management consultant for the environmental and design professional liability unit of Arch Insurance Group, and he is an attorney with the law firm of Wickwire Gavin, P.C., with a practice emphasizing construction law. Kent provides contract reviews and risk management workshops for design professionals and has been involved in the drafting process for numerous insurance policy forms. He is a frequent speaker and writer on the subject of risk management for design professionals, including several books he has authored and co-authored. A construction risk management website developed and maintained by Mr. Holland at www.ConstructionRisk.com, and publishes an electronic newsletter by the same name, analyzing recent legal cases and risk management issues. Mr. Holland received his Juris Doctorate degree from the Villanova University School of Law in 1979.

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