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 - 4:15 pm

Contract Law Primer for Engineers
M. Meldrum

   Reviewing the necessary elements of any contract
   Understanding contract “legalese”
      • Determining performance
      • What constitutes a breach of contract?
      • What are damages and remedies?
      • Liability-shifting contract provisions:
         warranties, guarantees and indemnities
   Making changes to contracts

Professional Liability Law
J. Case

   Reviewing the grounds for professional liability claims
   Identifying who can bring a claim
   Examining common sources of professional liability claims
   Reviewing defenses to liability claims
   Determining damages
   Participating in dispute resolution: arbitration,
      mediation, litigation
   Obtaining Insurance coverage for professional liability claims

Complying with Rules and Guidelines on Professional Conduct
M. Nasr

   Sealing of documents
   Standards of responsible charge for engineering work
   Unauthorized practice of engineering
   Department of Licensing and Regulatory Affairs
      Standards of Practice and Professional Conduct
   Regulation of professional design firms
   Regulation of advertising

Developments in Federal and Michigan Environmental Law
S. Sadler

   Reviewing recent changes to and enforcement of:
      • Pollution prevention
      • Water quality enforcement
      • Stormwater permitting
      • Watersheds, wetlands, lakes and streams
   Reviewing recent and anticipated developments at the
      US EPA and the Michigan Department of Environmental Quality

Professional and General Liability Insurance for Engineers
M. Lynch

   Understanding business insurance coverage:
      general liability vs. professional liability policies
   Additional insureds: obtaining certificates of insurance
   Understanding insurance policies:
      • Indemnities
      • Assignment
      • Insurance availability
      • Warranties, guarantees and certifications
   Recognizing and responding to claims

Speakers:

James R. Case

Member with Kerr Russell Attorneys and Counselors in Detroit
Mr. Case’s practice focuses on commercial, contract, construction, and surety law. In his construction practice, he has provided ongoing representation for numerous design professionals, general contractors, subcontractors, owners, and suppliers in a wide range of business matters, including defense and prosecution of claims relating to damages for delay, differing site conditions, construction change directives, owner interference, design errors/omissions, and contract interpretation in connection with public and private construction projects (commercial, institutional, and industrial). In his surety practice, Mr. Case represents sureties in large and small matters including defaults, litigation, and claims against performance and payment bonds. He serves on the American Arbitration Association’s National Roster of Arbitrators and Mediators, and the American Arbitration Association’s Large, Complex Case Panel. Mr. Case was ranked among The Best Lawyers in America®, by Woodward/ White, Inc.; was named a “Michigan Super Lawyer” by Thomson Reuters; and was rated a “Top Lawyer” by Dbusiness magazine.

Michael Lynch

Corporate Counsel with Harley Ellis Devereaux
Harley Ellis Devereaux is a leading architectural and engineering firm, with offices located in Southfield, Chicago, Los Angeles, San Diego and San Francisco. Mr. Lynch is a member of the State Bar of Michigan. He has extensive experience in both litigation and transactional matters involving construction law and professional liability issues. He has served as both a mediator and arbitrator in numerous construction disputes and has lectured extensively on construction law-related topics. Mr. Lynch is a co-author of several books regarding construction litigation and the legal liability of design professionals. He is on the roster of neutral arbitrators of the American Arbitration Association for construction industry disputes. Mr. Lynch was in trial practice with Plunkett Cooney, P.C., of Detroit for 25 years before joining Harley Ellis Devereaux in 2001. He is a graduate of the University of Detroit School of Law and has been in practice since 1974.

Maria L. Meldrum, PE, JD

Partner at Sullivan, Ward, Asher & Patton, P.C. in Southfield
Ms. Meldrum focuses her practice in the areas of engineering and construction law and related transactional matters. Having worked as an engineer for over 10 years, she brings her knowledge and experience in civil design and project management to the practice of law. She has litigated and arbitrated contract, building construction, engineering design (structural, environmental, coastal, civil, mechanical, geotechnical), asbestos and building material, and project management claims related to industrial and commercial facilities. She has also assisted in litigation related to legal malpractice claims. Ms. Meldrum is a member of the American Arbitration Association Construction Panel and serves as an arbitrator on both small and complex matters. She is admitted to the bars in Michigan, California, and Arizona. She maintains her engineering licenses in California, Arizona, and Michigan.

Mark A. Nasr

Associate with Clark Hill, PLC in Detroit
Mr. Nasr is an attorney who concentrates his practice in the area of construction law. He represents architectural and engineering design firms, construction managers, general contractors, subcontractors, owners and developers in all construction matters both directly and through insurance carriers. He also represents product manufacturers and suppliers in product liability litigation. Mr. Nasr received both bachelor’s and a master’s degrees in Civil and Environmental Engineering from Wayne State University and his law degree from the University of Detroit Mercy School of Law. He is a member of the State Bar of Michigan, the Oakland County Bar Association, the Federal Bar Association, the Michigan Society of Professional Engineers, the National Society of Professional Engineers and the Engineering Society of Detroit.

Susan J. Sadler

Founding Member of Dawda, Mann, Mulcahy & Sadler, PLC, in Bloomfield Hills
Ms. Sadler is the head of the Environmental, Energy and Sustainability practice group. She concentrates her legal practice on a broad spectrum of environmental issues. Since the early 1980s, she has provided counsel on compliance with the Comprehensive Environmental Response Compensation and Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Clean Air Act, wetland regulations, the Endangered Species Act, and state environmental statutes and permitting requirements. An experienced counselor, Ms. Sadler frequently defends corporations in administrative proceedings and environmental litigation brought by citizens groups, attorney general offices and the Federal Justice Department. Her legal expertise includes representing corporations in toxic tort litigation brought by individuals claiming damage and physical injury from exposure to chemicals, and representing individuals, corporations, municipalities and business entities in all aspects of environmental regulations. She also has experience in negotiating settlements with insurance carriers regarding pollution claims. Ms. Sadler is LEED-AP accredited and is one of the few attorneys with this distinction.