Richard T. Holland

Shareholder

E-mail: rholland@k-plaw.com
Phone: 617.556.0007
Practice Areas: Energy Law, Public Transportation Law, Contract Law, Public Procurement, Construction Law, Litigation, General Municipal

Attorney Richard Holland is Chair of the firm’s Energy Law Practice Group and co-Chair of the firm’s Public Transportation Law Practice Group. His practice focuses on energy law, including Chapter 164 of the Massachusetts General Laws (Manufacture and Sale of Gas and Electricity), procurement law, public transportation law, construction and contract law, and the litigation and mediation of contract disputes.  Attorney Holland leads the firm’s municipal light department practice.  He has received training in, among other relevant areas, electric rate-making and public utility management from the Center of Public Utilities at New Mexico State University and the Northeast Public Power Association.  His experience includes representing and providing legal services to municipalities, municipal light departments, and various public transportation agencies (including municipal airports and regional transit authorities). He has assisted clients with construction disputes, including litigation; drafting and negotiating power purchase agreements, net metering credit purchase agreements, energy management service agreements, and contracts for construction, design, and project management services; and drafting invitations to bid, requests for proposals/qualifications and related documents. Attorney Holland also assists clients with a variety of municipal law issues, including town meetings, municipal charters and by-laws, the Conflict of Interest Law, the Public Records Law, the Open Meeting Law, and municipal finance law.

Prior to joining the firm, Attorney Holland gained considerable experience in public sector contracting and procurement as a Deputy Attorney General with the New Jersey Office of Attorney General, where he litigated civil insurance fraud matters and assisted the New Jersey Economic Development Authority with the then-largest school construction program in the United States.

Representative Matters

  • Assisted municipalities, housing authorities, community development authorities and other public entitities with the procurement and negotiation of net metering credit purchase agreements, lease agreements, and PILOT agreements associated with the development of renewable energy projects.
  • Provided legal advice to municipal light departments on various legal matters, including procurement, interconnection standards for distributed generation systems, and the Public Records Law and Open Meeting Law.
  • Assisted regional transit authorities with Section 106 reviews under the National Historic Preservation Act.
  • Obtained payment of $2.75 million from a contractor and engineer in settlement of litigation arising out of a public construction project.
  • Obtained a decision of the court dismissing an approximately $1,000,000 claim of a contractor for lost profits and costs incurred in connection with a public construction project, and also won the plaintiff’s subsequent appeal of the court’s decision.

Prior Experience

New Jersey Department of Law & Public Safety, Trenton, NJ
Deputy Attorney General (1998-2001)

Honorable G. Thomas Bowen, J.S.C., Salem, NJ
Judicial Law Clerk (1996-1997)

Bar & Court Admissions

  • Massachusetts Bar
  • U.S. District Court (Mass.)
  • U.S. Court of Appeals for the First Circuit

Education

University of Massachusetts, John W. McCormack Graduate School of Policy Studies
M.S., Public Affairs (2004)

Rutgers University School of Law
J.D. (1996)

Wentworth Institute of Technology
Dual B.S. (1992)

Publications and Speaking Engagements

  • Speaker, “New Opportunities and Changes in Municipal Renewable Energy”   Massachusetts Municipal Association Annual Meeting (January 2014)
  • Speaker, “Capital Projects – Planning, Design, Building – Getting the Job Completed,” Massachusetts Association of Regional Transit Authorities Annual Meeting (September 2013)
  • Author, “Public Records, Electronic Documents, and Traps for the Unwary,” Municipal Advocate, 27, No. 2 (September 2013)
  • Speaker, “Clean Energy Projects: Getting to Yes,” Massachusetts Municipal Association Annual Meeting (January 2013)
  • Speaker, “Energy Cost Saving Opportunities and Best Practices,” Massachusetts Association of Town Finance Committees Annual Meeting (October 2012)
  • Author, “Examining the Rules and Risks Surrounding Procurement of Renewable Energy Facilities,” Municipal Advocate, Vol. 26, No. 4 (August 2012)
  • Speaker, “Clean, Green and Lean: Procurement of Renewable Energy Projects,” Massachusetts Municipal Association Annual Meeting (January 2012)
  • Co-Author, “Third-Party Financed Renewable Energy Facilities – Municipal Contracting Issues,” Kopelman and Paige Client Alert (January 2012)
  • Author, “True Breaches of Contract,” Massachusetts Law Review, Vol. 91, No. 3 (October 2008)
  • Author, “Chapter 193 of the Acts of 2004 – Changes to Massachusetts Public Construction Law,” Kopelman and Paige Client Alert (December 2004)