HalfMoon Education Inc. Knowledge Gets You There

Presenter: Chris R. Baniszewski and 4 more

Recording Date:

Recording Location: Phoenix, AZ

Type: CD/Manual Package

Product Code: 14291

Product Number: 16H AZCONLAW 11 30 CDMN

State-Specific Continuing Education Info:

Description:

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.

Agenda:

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

Construction Contracting in Traditional and Alternative Project Delivery Systems:
Finding the Framework That’s Right for the Owner and the Project                             M. Meaker

   Legal rights/duties of construction entities: contractors, design services firms, subcontractors and suppliers

   Design-bid-build: entering into construction contracts and agreements in the traditional construction process

   Design-build: entering into contracts and agreements

      • Contractor-led, designer-led, joint venture, and developer-led projects


Improving the Project Outcome with Accurate and Effective Construction Contracting         M.Tappe

   Understanding contract terminology

   Forming contracts

   Understanding contract obligations

   The law governing construction contracts: the Uniform Commercial Code (UCC) and applicable state laws

   Subcontract formation and administration

   Performance and payment issues

   Breach of contract and default


Making Changes and Resolving Disputes During the Construction Process         C. Baniszewski

   Making changes to the contract and contracted work

      • The contract change clause

      • Types of changes: ordered and constructive changes

      • Requirements for making changes

      • Liability issues

   Resolving disputes during the construction process

      • Site conditions

      • Delays

      • Disruption

      • Accidents

      • Accelerations


Protecting the Owner and the Project: Insurance and Bonding Issues in Construction        E. Fitch

   Types of construction bonds

      • Performance

      • Payment

      • Alternatives to bonds

   Types of insurance

      • Commercial general liability insurance

      • Builder’s risk insurance

      • Errors and omissions insurance

      • Additional/alternative insurance

      • Claims and notice issues


Identifying and Resolving Ethical Issues in Construction         J. Csontos

   Determining qualifications and competence of participants

   Preventing conflicts of interest and the appearance of impropriety

   Identifying ethical issues in bid practices

   Handling ethical issues created by constructive and ordered changes

   Handling ethical issues created by payments, liens and lien waivers

Speakers:

Chris R. Baniszewski

Attorney at Warner, Angle, Hallam, Jackson, & Formanek, PLC
Mr. Baniszewski’s practice focuses in the area of construction law. He represents general contractors, subcontractors, and construction project owners. The Best Lawyers in America® selectee advises clients regarding workmanship issues, and claims associated with liens, bonds, delays, and non-payment. In the litigation setting, Mr. Baniszewski has extensive experience representing both owners and contractors, including hearings before the Registrar of Contractors andin alternative dispute resolution settings. Additionally,Mr. Baniszewski advises contractors in general business matters, licensing requirements and the drafting of construction contracts. For six years, he has taught Construction Contract Administration at the Del E. Webb School of Construction at Arizona State University. He is a long-time member and past chair (2011-2012) of the Construction Law Section of the State Bar of Arizona.Mr. Baniszewski earned his J.D., cum laude, from Arizona State University College of Law.

Jim Csontos

Partner at Jennings, Haug & Cunningham, LLP

Mr. Csontos practices in the firm’s surety and construction litigation section where he devotes a substantial portion of his practice to providing legal advice and representation to owners, contractors, sureties and other members of the construction industry. He also serves as corporate counsel to numerous small businesses, assisting them with various types of legal matters including business operations, contract questions and commercial litigation. He joined the firm in 1986 and became a partner in 1994. Mr. Csontos is a graduate of Arizona State University (B.S., magna cum laude, 1982 and J.D., cum laude, 1986).

Elizabeth S. Fitch

Cofounder at Righi Fitch Law Group
Ms. Fitch is a founding member of Righi Fitch Law Group. She is a trial attorney with over 28 years of civil defense experience and has the AV Preeminent Rating. Ms. Fitch has defended numerous multi-million dollar cases ranging from catastrophic injuries to construction defect cases. She has represented all types of professionals from lawyers to architects. As a result of her defense of insureds under general liability insurance policies, she has successfully handled the entire gamut of complex tort cases. Ms. Fitch has been featured twice in Attorney At Law and co-authored the Construction Defect chapter of the Arizona State Tort Law Handbook. In 2014, she was again recognized as a Super Lawyer and inducted into Arizona’s Finest Lawyers. Her practice has concentrated on representing businesses and individuals in complex civil litigation matters. The nature of complex litigation not only requires experience and knowledge about the substantive law but also requires sophistication in addressing the interrelated contractual and complex insurance issues. Ms. Fitch has developed expertise in risk management and assists clients with risk transfer strategies such as pursuing indemnity and primary, excess, and additional insurance coverage for clients.

Matt B. Meaker

Attorney at Sacks Tierney P.A.
Mr. Meaker has been described as a “business man in a lawyer’s suit” who is more focused on the business success of his clients than on billable hours. The focus of his practice is on construction law, civil litigation, business and corporate law and real estate law. He is also involved in efforts to finalize transaction privilege tax (TPT) reform for the benefit of Arizona contractors. Mr. Meaker is very active in the legal profession and the community at large. He chairs the Construction Law Section of the State Bar of Arizona and serves on the Board of Directors of the Maricopa County Bar Association. In addition, he is actively involved with the local chapter of the Construction Financial Management Association, the Arizona Builders’ Alliance, the American Subcontractors Association of Arizona, and the Arizona Registrar of Contractors Industry Advisory Council.

Marcus Tappe

Attorney at Righi Fitch Law Group

Mr. Tappe is a partner at Righi Fitch Law Group. As a dedicated and effective litigator and trial attorney, Mr. Tappe has focused his practice in insurance defense and construction defect litigation, where he has handled a diversity of civil matters, including insurance bad faith, breach of contract, breach of warranty, subrogation, and premises liability claims. Mr. Tappe’s current practice is concentrated on the representation of developers, contractors, businesses and individuals in tort and construction litigation, primarily in the areas of construction defects, general liability, and insurance coverage. In his practice, he has successfully defended and pursued cases through judgment at trial, secured payment on behalf of his clients, and litigated numerous issues taken up on appellate review. Notably, Mr. Tappe was the trial attorney for contractor Sirrah Enterprises, L.L.C. in Sirrah Enterprises, L.L.C. v. Wunderlich, 242 Ariz. 542, 399 P.3d 89 (2017), where he secured a verdict in favor of his client against an owner-builder for breach of contract and obtained a defense verdict on the owner’s counterclaim for breach of contract. Mr. Tappe presently serves as on the Board for the Construction Section of the Maricopa County Bar Association (MCBA), and he has been a frequent contributing author for The Maricopa Lawyer.