HalfMoon Education Inc. Knowledge Gets You There

Presenter: Matthew Cogburn and 4 more

Recording Date:

Recording Location: Tampa, FL

Type: CD/Manual Package

Product Code: 13517

Product Number: 15H FLCCWKSP 7 15 CDMN

State-Specific Continuing Education Info:


This audio recording is approximately 7.5 hours in length and is available for $279 (including shipping). Allow five weeks from the seminar date for delivery. Please refer to specific state licensing rules or certification requirements to determine if this learning method is eligible for continuing education credit.

How to Use

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.


Registration:                    8:00 - 8:30 am

Morning Session:             8:30 am - 12:30 pm

Lunch (On your own):       12:30 - 1:30 pm

Afternoon Session:           1:30 - 5:00 pm

Understanding Construction Contract Essentials                  J. Rains III

   Examining contract terminology:

      • Parties, consideration, term, performance, substantial performance, breach, remedies, damages

   Understanding types of construction contracts:

      • Payment method

      • Award and selection

      • Project delivery system

      • Number of primes

      • Legal description

   Studying roles and relationships of project participants

      • Owners, architects/engineers, contractors, subs and suppliers

      • Traditional project delivery

      • Design-build

      • Construction manager at risk

   Exploring the law of construction contract interpretation

Reviewing Bidding Documents              P. Fischel


   Bid form


   Bid bond



Reviewing Contract Documents            S. Padgett


   Performance bond

   Payment bond

   Contract conditions (general and supplementary)

   Specifications (Format, CSI 1995 and 2004)

   Shop drawings

   Contract modifications (change orders, directives, etc.)

Understanding Issues in Contract Administration              E. Ryan

   Insurance and indemnity issues

   Chain of command issues



   Liquidated damages

   Enforcement of general contractor’s obligations

   Substantial and final completion

   Breach and pitfalls

Examining Legal Issues and Disputes               M. Cogburn

   Changed conditions

   Project documentation

   Delays, acceleration

   Handling payment claims and final payments

   Resolving disputes through mediation, arbitration, litigation

   Understanding contractual and statutory warranties


Matthew Cogburn

Mr. Cogburn represents a diverse base of clients in complex commercial disputes, with a special focus on litigation within the construction industry. Mr. Cogburn has extensive experience representing all players in the construction process, including public and private owners, contractors, design professionals, subcontractors, insurers, sureties, and construction material suppliers. He also has experience in claim avoidance, both through drafting and negotiating construction contract documents or through early evaluation and use of pre-litigation, alternative dispute resolution procedures. He has given lectures and published articles on legal issues affecting the construction industry including allocation of risk through use of AIA construction documents, construction payment remedies and insurance coverage for construction defect claims. Mr. Cogburn has been board certified in Construction Law by The Florida Bar since 2007.

Paul Fischel

Mr. Fischel has more than 20 years of management, general counsel experience primarily in construction and real estate development, hospitality (leisure, tourism) and technology industries. Early in his career he handled numerous litigation matters involving construction, commercial law, and aviation/product liability. Mr. Fischel has litigated against and negotiated with some of the world’s largest companies and has represented businesses in administrative matters involving the US Department of Agriculture, the Food Safety Inspection Services, OSHA, Cal-OSHA, and various development and zoning boards. Mr. Fischel is licensed to practice law in the State Courts of Florida and before the United States District Court for the Southern District of Florida. He has been a member of the American Bar Association (ABA), the ABA Forum on the Construction Industry, the Association of Trial Lawyers of America, the Academy of Florida Trial Lawyers, the Hillsborough County Bar Association, and the Broward County Bar Association.

Stanley Padgett

Padgett Law, P.A. is a solo practice devoted to civil trial practice in the areas of business and construction litigation, and to estate and asset protection work for select high net-worth clients. Mr. Padgett graduated with honors from Duke University School of Law in Durham, North Carolina, in May of 1982, and he became a member of The Florida Bar in October of 1982. For more than 30 years, he has handled civil litigation matters on behalf of businesses and creditors in state and federal courts throughout the State of Florida. Mr. Padgett is admitted to practice before the Supreme Court of the United States; the United States Courts of Appeal for the Second, Fourth and Eleventh Circuits; the United States District Courts for the Northern, Middle and Southern Districts of Florida; and all Florida state courts.

John H. Rains III

Mr. Rains is the principal of John H. Rains III, P.A., in Tampa where his practice concentrates in the areas of construction law and commercial litigation. Mr. Rains is board certified in Construction Law by The Florida Bar. He is the author of numerous articles and has contributed to various legal texts on unique issues of Florida law. He has lectured to various professional groups on Florida construction law and is an adjunct professor at Stetson University College of Law.Mr. Rains is a member of the Panel of Arbitrators of the American Arbitration Association, the American Bar Association, the Federal Bar, The Florida Bar and the Hillsborough County Bar Association. He is certified by the Florida Supreme Court as a circuit court mediator.

Elizabeth Ryan

Ms. Ryan has been employed at Kass Shuler, PA, since July of 2002 and her focus at the firm is in complex commercial litigation and construction law. She has obtained CEDS certification as a Certified Electronic Discovery Specialist, has been developing an electronic discovery group within the firm, and has participated in the 2012 and 2013 ACEDS Second and Third Annual Electronic Discovery Conferences, the American Bar Association E-Discovery and Information Governance National Institute, and numerous other conferences and webinars. Mr. Ryan has written an article on electronic discovery in the construction law arena for the Hillsborough County Bar Association (HCBA) publication, The Lawyer and has been a speaker at the HCBA yearly half-day construction law presentation and their August 2014 conference, both on different stages of dealing with electronically stored information.