HalfMoon Education Inc. Knowledge Gets You There

Presenter: Joseph Getz and 3 more

Recording Date:

Recording Location: Memphis, TN

Type: CD/Manual Package

Product Code: 13713

Product Number: 15H TNCONLAW 10 27 CDMN

State-Specific Continuing Education Info:


This audio recording is approximately 7 hours in length and is available for $279 (including shipping). 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 - 11:45 am

Lunch (On your own):       11:45 am - 12:45 pm

Afternoon Session:           12:45 - 4:30 pm

Overview of Construction Contracting Today             Joseph T. Getz

Basic Contract Principles: Finding the Right             Joseph T. Getz
Framework for the Owner and the Project

   The minimum requirements for a valid contract

   Oral versus written contracts

   Ambiguous and/or incomplete contracts

   • Interpretation in construction

   • Past performance Industry practices

   Scope of work

   Concepts of performance: substantial performance and default

   Remedies upon default and/or breach of contract

   Documents which comprise the contract

   Quasi-contracts: Implied contractual terms

      • The Spearin Doctrine

      • Warranty of workmanlike construction

      • Duties of good faith and fair dealing

Essential Contract Terms             John D. Willet

   Defining the scope of work

   Incorporation by reference

   Payment terms

      • Pay when paid clauses

      • Pay if paid clauses

      • Retainage



   Change order and change directive

   Scheduling and time requirements

   Liquidated damages versus actual damages

Contractual Delivery Systems             Elizabeth B. Stengel

   Traditional design

   Design/build construction

   Construction management

   Construction compensation

      • Lump sum

      • Cost plus a percentage fee or fixed fee

      • GMP contracts

   Fast track

The Surety Relationship           John D. Willet

   Performance bonds

   Payment bonds

   Indemnity agreements

      • Personal

      • Corporate

Subcontracting Issues             Justin R. Giles, III

   Subcontract bids, offers or binding contracts

   Privity of contract issues

   Flow down and incorporation by reference provisions

   Payment terms

   Lien waivers, final and partial

Ethical Issues and Conflicts of Interest                Elizabeth B. Stengel

   Qualifications and competence

   Preventing conflicts of interest

   Identifying conflicts of interest: A/E in quasi-judicial role in AIA documents

   Conflicts in indemnity/duty to defend

Dispute Resolution in Construction            ElizabethB. Stengel, Justin R. Giles, III





Joseph Getz

Shareholder at Evans Petree PC in Memphis
Mr. Getz leads the Construction and Surety Law Practice Group and has focused his practice exclusively on construction and surety bond contract claims for more than 25 years.  He has worked on contract negotiations, insurance requirements, surety bonding issues, LEED certification, CPM scheduling and delay analysis claims, change orders, defective and nonconforming work, differing site conditions, warranty issues, mechanics and material men’s lien claims and project close-out issues.  Mr. Getz’s representation experience includes multipurpose sports arenas, public university facilities, multifamily residential developments, office buildings, government facilities, hotels, industrial and process manufacturing and design build industrial contracting and development.  Mr. Getz has been a Super Lawyer in the field of construction law for six years and was recently selected by his peers for inclusion in The Best Lawyers in America 2015 in the fields of Construction Law and Litigation.

Justin R. Giles, III

Mr. Giles focuses his practice on the representation of owners, developers, contractors, subcontractors, suppliers, equipment dealers, architects, engineers, surety bonding companies, construction management firms, lenders and public owners. He assists clients in all aspects of litigation, as well as in contract negotiations, corporate governance, insurance requirements and project-specific issues. Prior to joining Evans Petree, Mr. Giles was a senior associate in the business litigation, insurance and tort litigation groups at Donovan Hatem LLP in Boston, Massachusetts, where he specialized in the defense of professional negligence claims against design professionals. He also spent six years with Less, Getz & Lipman, PLC, in Memphis, where he litigated construction disputes. Mr. Giles was selected by Super Lawyers as a rising star in the field of construction/surety law in 2012-2015.

Elizabeth Stengel

Shareholder at Evans Petree PC in Memphis
Ms. Stengel has focused her practice in the area of construction, design law and surety bond contract claims for more than 20 years.  She represents a diverse mix of owners, contractors, suppliers, design professionals and sureties.  Ms. Stengel has counseled clients through various facets of the construction process, including entity formation; licensing and registration; certification as a minority, woman or disadvantaged business entity; identification and management of risks; claims management; and dispute resolution.  Ms. Stengel is past chair of the Construction Law Section of the Tennessee Bar Association, and she is on the Attorney’s Council for the American Subcontractors Association.  She is a member of the Tennessee Association of Construction Counsel, to which she was recently elected secretary.  Since 2008, Super Lawyers magazine named Ms. Stengel a Super Lawyer in construction litigation.  She also has been selected for inclusion in The Best Lawyers in America for 2015 in the fields of Construction Law and Litigation.

John Willet

Mr. Willet focuses his practice in the areas of construction, fidelity and surety, litigation and business law. He represents owners, contractors, subcontractors, suppliers, architects and engineers throughout the construction process, including entity formation, licensing and registration, identification and management of risks, identification of regulatory and bonding requirements, claims management and dispute resolution. He also assists clients in the drafting of custom construction contracts as well as the negotiation of terms and provisions of industry form contracts. In the area of fidelity and surety law, Mr. Willet represents clients in connection with all types of bonds, including performance, payment, fidelity and various miscellaneous surety bonds, and represents sureties in pre-default investigations, project completion negotiations, ratification and takeover agreements and all facets of default. He regularly advises architects and engineers in licensing and regulation issues as well as resolving board complaints and defending allegations of professional malpractice. He represents clients in commercial matters and business litigation and he mediates construction and business disputes. Mr. Willet is listed by the Tennessee Alternative Dispute Resolution Commission as a Rule 31 civil mediator. He is active in the American Bar Association’s Forum on the Construction Industry. He is the director of the Tennessee Association of Construction Counsel, a nonprofit professional association for the industry, and served as the chair of its communications committee. He is a member of the Associated Builders and Contractors of Tennessee and the Associated General Contractors of Tennessee.