Richard T. Holland

Shareholder

E-mail: rholland@k-plaw.com
Phone: 617.556.0007
Practice Areas: Litigation, Contracts & Procurement, Renewable Energy & Green Communities, General Municipal

Attorney Richard Holland is a member of the firm’s Contracts and Litigation Practice Groups and serves as Chair of the firm’s Renewable Energy Practice Group.  His practice focuses on the litigation of complex contract disputes, public construction and procurement law.  His experience includes guiding clients through public construction projects from procurement to project close-out, and representing municipalities and other governmental bodies (including municipal airports and regional transit authorities) in construction litigation in state and federal courts; drafting and negotiating power purchase agreements, net metering credit purchase agreements, energy management services agreements, and contracts for construction, design and project management services; and drafting invitations to bid, requests for proposals/qualifications and similar procurement documents. Attorney Holland also assists clients with a variety of municipal law issues, including town meetings, municipal charters and by-laws, and the laws relating to conflicts of interest, public records, open meetings and municipal finance.

Prior to joining the firm, Attorney Holland gained considerable experience in public sector litigation, contracting, construction and procurement as a Deputy Attorney General with the New Jersey Office of Attorney General, where, on behalf of the State of New Jersey, he tried cases before the New Jersey Superior Court and Office of Administrative Law, and assisted the New Jersey Economic Development Authority with the largest school construction program in the United States.

 

Representative Matters

  • Represented a Massachusetts town in litigation arising from the collapse of its 4.5 mile-long sewer force main, including a lawsuit filed by the Commonwealth of Massachusetts against the town and the private company that operated the town’s sewer system for alleged violations of environmental laws; and a second lawsuit filed by the town against a number of parties, including its sewer-system operator and the engineering firms that designed the force main; after years of litigation, negotiated a record settlement of $22.83 million paid to the town.
  • Represented a Massachusetts town in a lawsuit against a contractor and engineering firm arising out of the construction of a new landfill liner system; negotiated a settlement of $2.75 million paid to the town.
  • Represented a Massachusetts town in a lawsuit brought by a contractor seeking more than $1 million for lost profits on a public construction project; sought and obtained summary judgment in the town’s favor, resulting in the dismissal of the contractor’s claim; and successfully represented the town on the contractor’s subsequent appeal of the lower court’s summary judgment decision.
  • Represented a Massachusetts town in a lawsuit brought by a contractor seeking $282,000 in delay damages on a public construction project; sought and obtained summary judgment in the town’s favor, resulting in the dismissal of the contractor’s claim.
  • Represented a Massachusetts town in a lawsuit brought against a contractor and its surety, seeking forfeiture of contractor’s bid bond on a public construction project; sought and obtained summary judgment in the town’s favor, resulting in the award of $142,000 to the town.

Prior Experience

New Jersey Department of Law & Public Safety, Trenton, NJ
Deputy Attorney General (1999-2001)

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 and Global 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)