HalfMoon Education Inc. Knowledge Gets You There

Presenter: Darren J. Duzyk and 4 more

Recording Date:

Recording Location: Lexington, KY

Type: CD/Manual Package

Product Code: 13874

Product Number: 16H KYCCWKSP 2 19 CDMN

State-Specific Continuing Education Info:

Description:

This audio recording is approximately 7.5 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.

Agenda:

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. Hays

   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, construction managers, contractors, subs and suppliers

   Exploring the law of construction contract interpretation


Reviewing Bidding Documents          M. Leach

   Invitation

   Bid form

   Instructions

   Bid bond

   Information

   Addenda


Reviewing Contract Documents          M. Gillies

   What constitutes the contract documents

      • Agreement

      • Contract conditions (general and supplementary)

      • Plans and specifications

      • Contract modifications (change orders, directives, etc.)

      • Bonds

      • Other

   Use of standard forms or custom documents

      • AIA, EJCDC, ConsensusDOCS

   Review and interpretation of key contract terms

      • Scope/schedule

      • Compensation and payment

      • Hierarchy of documents/terms

      • Risk-shifting provisions


Understanding Issues in Contract Administration        S. Smith

   Insurance and indemnity issues

   Chain of command issues

   Subcontracts

   Changes and change orders

   Payments

   Substantial and final completion

   Breach and pitfalls


Examining Legal Issues and Contract Disputes          D. Duzyk

   Changed conditions

   Delays, acceleration

   Design and construction defects

   Payment claims and final payments

   Project documentation

   Contractual and statutory warranties

   Resolving disputes through mediation, arbitration, litigation

Speakers:

Darren J. Duzyk

Mr. Duzyk has been in and around construction nearly all of his life, with field experience as a laborer/equipment operator, estimator, operations manager, construction attorney, arbitrator and mediator. He has served as the general counsel and director of risk management for a large transportation/heavy highway contractor with diversified interests in commercial building construction and material production. His legal practice experience has involved a wide variety of disputes in building construction relating to defects, design and construction errors and a variety of contract disputes. His representations have included owners, general contractors, design-builders, subcontractors, sureties and designers on commercial building, industrial and public infrastructure projects.

Matthew A. Gillies

Mr. Gillies drafts and negotiates contracts on behalf of HNTB for large-scale infrastructure, engineering, and architectural projects. Prior to joining HNTB, Mr. Gillies served as a member of Stites & Harbison, PLLC, where he represented owners, contractors, subcontractors and design professionals in all aspects of construction law, including contract drafting, negotiation and litigation. A former chair of the Contract Documents Division of the American Bar Association Forum on the Construction Industry, Mr. Gillies is active in several national construction-related organizations and regularly speaks on numerous construction law topics. He received his B.S. degree in Civil Engineering and worked as a construction manager prior to attending the University of Kentucky College of Law.

John W. Hays

John W. Hays is a member in the construction industry group at Jackson Kelly PLLC, focusing primarily on construction litigation, contracts, and commercial litigation. Mr. Hays represents owners, design professionals, contractors, construction managers, subcontractors, and suppliers. He is also the co-chair of the firm’s construction and development industry group, helping to grow the firm’s practice in the construction area. Mr. Hays has extensive training and experience as a mediator in construction, commercial, employment, and personal injury disputes and has often served as an arbitrator. He is a specialist in his fields, serving as a member of numerous professional associations, a past president to several boards, and a frequent author and lecturer. Mr. Hays has an AV Preeminent rating by Martindale-Hubbell, and was named Lexington Construction Law “Lawyer of the Year” in 2018 and 2016 by The Best Lawyers in America. He has been named in the Kentucky Super Lawyers list since 2009, named in The Best Lawyers in America for Construction Law since 2013, and been a member of The National Academy of Distinguished Neutrals since 2012.

Mark W. Leach

After receiving his J.D. degree from Tulane Law School, Mr. Leach entered the United States Air Force where he served as the base contracting attorney at each of his base assignments and overseas when he deployed after September 11, 2001. Mr. Leach returned to Kentucky in 2002 and became a member of one of the Commonwealth’s largest law firms, developing a practice in public procurement. In private practice, Mr. Leach has advised commercial clients, big and small, on bidding, protesting, defending an award, and performing public contracts with local municipalities, counties, and state and federal agencies.

Stephen E. Smith

Stephen E. Smith’s primary areas of practice are construction, public acquisition, and corporate law. Before joining Goldberg Simpson, LLP in 1989, Mr. Smith served the public sector with the United States Army Corps of Engineers for 15 years, serving as a district counsel and as senior legal advisor to the commander. Mr. Smith represents all participants in construction projects, including public and private owners, large general contractors and construction managers, and specialty subcontractors. He is a member of both the American Arbitration Association Panel of Construction Arbitrators and the Panel of Construction Mediators. Mr. Smith is approved as a mediator and arbitrator for all disputes arising under the Greater Louisville Association of Realtors. He has been selected by members of the Louisville Bar as a Louisville Magazine “Top Lawyer” in the areas of “Construction,” “Arbitration and Mediation-Non-Family” for the last four years. He has been selected as a Kentucky “Super Lawyer” annually since 2007. Mr. Smith was selected to The Best Lawyers in America in 2015 and 2016. He earned both his Bachelor of Arts and his law degree from the University of Louisville. He is a frequent lecturer and instructor in the areas of federal acquisition and construction claims administration. Mr. Smith is a member of the Federal, Kentucky, and Louisville Bar Associations and the ABA Forum on The Construction Industry. He is a founding member of the Kentucky Bar Association Construction Practice Section.