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Presenter: David L. Fine and 4 more

Seminar Date:

Seminar Location: Natick, MA

Courtyard by Marriott Natick
342 Speen Street
Natick, MA 01760
Phone: 508-655-6100

This seminar is closed or full.

Agenda:

Registration                        8:00 - 8:30 a.m.

Morning Session                 8:30 a.m. - 12:45 p.m.

Lunch (On your own)         12:45 - 1:45 p.m.

Afternoon Session              1:45 - 4:30 p.m.

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

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

Meeting Statutory and Contractual Duties of Design Professionals and Contractors in Green Construction

General scope of duty

Public buildings

Contractual duties under AIA contract documents

Duties on LEED projects

Improving the Project Outcome with Accurate and Effective Construction Contracting

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

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
  • Acceleration

Accidents

Protecting the Owner and the Project: Insurance and Bonding Issues in Construction

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

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

This seminar is open to the public and offers up to 6.5 HSW continuing education hours to Massachusetts architects and a non-mandatory continuing education opportunity to Massachusetts engineers.

This seminar is approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885).

Massachusetts architects and engineers with continuing education hours in other states will be able to apply the hours from this seminar, in most cases. Refer to specific state rules to determine eligibility, or contact HalfMoon Education for assistance. Due to the inclusion of Massachusetts-specific content, this seminar is not eligible for New York architect or engineer continuing education credit.

This seminar is designed for the professional enrichment of contractors. It has not been approved by any state with a construction contractor continuing education requirement.

Attendance will be monitored and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers:

David L. Fine

Partner at Mirick, O’Connell, DeMallie & Lougee, LLP in Worcester, MA
Mr. Fine represents and counsels clients in the construction industry, including commercial, institutional and residential owners and developers, general contractors, construction managers, specialty subcontractors, suppliers and manufacturers. He represents his clients in adverse proceedings such as litigation and arbitration, and he consults regarding risk management, contract preparation and negotiation, and general business matters. He is chair of his firm’s construction law practice group, a diverse group comprised of attorneys specializing in construction litigation, corporate and real estate development law, and labor and employment law. Mr. Fine works closely with several national, regional and local trade organizations, and he often lectures and writes about topics pertinent to the construction industry, such as project delivery, due diligence and financing, contracts, teaming, indemnity and warranty concerns, insurance coverage, public procurement, bid protests, green building and renewable energy, surety bond claims, mechanics’ liens, and construction industry dispute resolution methods and procedures. Mr. Fine was named a Massachusetts “Rising Star” by Boston Magazine and Law & Politics in 2013, 2014 and 2015.

Stan Martin

Owner of Commonsense Construction Law LLC in Boston, MA
Mr. Martin’s practice focuses on the construction industry, particularly in the areas of contract negotiation, procurement, project performance and claims, arbitration and litigation. He has conducted more than 100 construction-related trials. Mr. Martin is a Fellow of the American College of Construction Lawyers and has been an active member of the Associated General Contractors of America (AGC) and AGC of Massachusetts for 20 years. He has served as a lecturer on construction law at the Massachusetts Institute of Technology and at Northeastern University.

PETER B. MCGLYNN

Mr. McGlynn is the managing director of the Litigation Group at Bernkopf Goodman, and is a trial attorney specializing in construction, surety, malpractice, commercial and bankruptcy cases. He has tried to verdict in excess of 150 cases throughout the United States, representing general contractors, subcontractors, architects, engineers, lenders, sureties and owners, among others, on a wide array of commercial, construction, surety and bankruptcy disputes. A frequent lecturer, Mr. McGlynn has presented lectures on litigation, construction, bankruptcy and surety law to numerous groups, including the Boston Society of Civil Engineers, and the Engineering Societies of New England. Mr. McGlynn has also presented lectures on construction law and litigation for Northeastern University and the University of Wisconsin, and has appeared on Sky Radio’s Business and Technology Report.

Michael P. Sams

Kenney & Sams, P.C.
Mr. Sams is a founding member and shareholder of Kenney & Sams, P.C. His primary area of practice is construction litigation. Mr. Sams has successfully tried numerous cases before the Massachusetts Superior and District Courts, the United States Department of Labor, the Division of Administrative Law Appeals, and the Department of Industrial Accidents. He has successfully tried bid protest matters before the Attorney General’s Office, and he has handled appeals before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and the United States First Circuit. Mr. Sams has arbitrated matters with the American Arbitration Association and the Office of Consumer Affairs. In addition to his litigation and trial work, he spends considerable time consulting with clients regarding risk management policies and procedures, as well as contract analysis and preparation, all to lessen the potential for future litigation. Mr. Sams chairs the Defense Research Institute’s national Construction Law Committee, and he is general counsel to the Gould Construction Institute. He is former chair of the Boston Bar Association’s Construction Law Committee.

JULIE TAYLOR

Ms. Taylor specializes in providing pragmatic advice on design and construction law and on environmental and land use law. Ms. Taylor advises architects, landscape architects, and urban planners on contracts, licensing, corporate, liability, and other matters around the U.S. and around the world. Noble & Wickersham law is general counsel to over 200 design and planning firms. Her clients include design professionals in New Haven, New York, Philadelphia, and Toronto. She also represents developers and owners on design and construction contracts, including nonprofit affordable housing developers and churches. On environmental issues related to hazardous waste and brownfields, she has advised major government agencies, private developers, and nonprofit organizations. Ms. Taylor worked in the past for the U.S. Environmental Protection Agency on Superfund matters and on international assistance programs. Ms. Taylor is a cum laude graduate of Harvard Law School.

Tuition Costs:

Standard Tuition: $269.00
Online Tuition (pre-registration): $269.00
Group Prices
3 or more People: $249.00

Each registration includes one copy of a manual prepared by the seminar speakers.