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Presenter: David Draper and 4 more

Seminar Date:

Seminar Location: Knoxville, TN

Hilton Garden Inn West/Cedar Bluff
216 PEREGRINE WAY
Knoxville, TN 37922
Phone: 865-690-6511

This seminar is closed or full.

Agenda:

Registration                   8:00 - 8:30 am
Morning Session            8:30 am - 12:00 pm
Lunch (On your own)      12:00 - 1:00 pm
Afternoon Session          1:00 - 5:00 pm

Complying with Rules and Regulations on Design Professional Practice
Installation failures
Powers and duties of the Tennessee Board of Architectural and Engineering Examiners
Requirements for licensing and renewal
Grounds for disciplinary action
Procedure for investigation and hearing
Reviewing the types of disciplinary action

Business Law for Design Professionals
Understanding forms of business organizations: corporations, partnerships, limited liability companies, sole proprietorships
Business entities for project development

Professional and General Liability Insurance for Designers
Understanding business insurance coverage: general liability vs. professional liability policies
Additional insureds
Subconsultants – coverage gaps, certificates of insurance
Understanding insurance policies:
Indemnities Assignment
Insurance availability
Warranties, guarantees and certifications
“Defend” contract obligation
Recognizing and responding to claims

Law of Design Professional Malpractice
Current state of professional liability law
Common sources of professional liability claims
Breach of contract, negligence, misrepresentation, strict liability, fraud
Defenses to liability claims
Determining damages
Participating in dispute resolution: arbitration, mediation, litigation

Contracts for Design Services
Parties to the contract – who is that LLC?
Form contracts (AIA) vs. “custom” contracts
Key contract provisions
Negotiating contract terms
Limitation of liability provisions
Indemnity clauses
Forum selection clauses
Making contract changes/modifications
Dispute resolution clauses – litigation, arbitration, mediation

Construction Defects / Types and Causes of Failures
Disasters
Material selection and failuresInstallation failures
Material deterioration
Drainage issues – temporary nuisance and permanent nuisance claims

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

This seminar is open to the public and offers 7.0 HSW contact hours to architects and 7.0 PDHs to engineers in Tennessee. Educators and courses are not subject to preapproval in Tennessee.

HalfMoon Education is approved by the American Institute of Architects as a continuing education provider (Sponsor No. J885). This course has been approved for 7.0 HSW learning units.

Tennessee architects and engineers with continuing education requirements in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific licensing rules to determine eligibility, or contact HalfMoon Education for assistance.

This event offers a continuing education opportunity for contractors. It has not been submitted to any state contractor or electrician licensing entity for continuing education course approval.

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 Draper

Shareholder at Lewis Thomason

Mr. Draper is a Knoxville native and shareholder in the firm’s construction law practice group. Mr. Draper’s practice is concentrated in construction, professional liability defense, commercial disputes and insurance coverage disputes. His construction clients include owners; designers; industrial, commercial, utility, and residential general contractors; subcontractors and suppliers. Mr. Draper has successfully defended a broad range of professional liability claims, including the defense of lawyers, health care providers, design professionals, surveyors, and realtors. He successfully defended a government contractor sued under the Tennessee False Claims Act. Mr. Draper has also represented a variety of businesses in environmental disputes before the Tennessee Department of Environment and Conservation and Commissioner of Labor and Workforce Development. He also advises clients on OSHA compliance and defends OSHA enforcement cases.

Preston A. Hawkins

Preston Hawkins is a member of the firm’s construction law practice group in Knoxville. He concentrates his practice primarily in the areas of construction litigation, tort litigation, and appellate advocacy. Mr. Hawkins has been lead trial counsel and has successfully defended and represented contractors, subcontractors, architects, engineers and owners in various construction litigation matters. Mr. Hawkins has also represented business entities in various state and federal courts in Tennessee and has obtained summary judgment on behalf of several corporate clients in state court cases. Mr. Hawkins earned his B.S. degree from University of Tennessee, Chattanooga, in 1999, magna cum laude, and his J.D. degree, cum laude, from the University of Tennessee in 2002.

Robyn Jarvis Askew

Ms. Askew’s practice centers on general commercial law with an emphasis on commercial real estate, finance andbusiness transactions. In addition,Ms. Askew represents physicians, nurses and other medical professionals before state licensing boards. She worked as a real estate developer for more than ten years and has extensive experience with national retailers. She is a member and past president of the Executive Women’s Association of Knoxville. As a member of the Knoxville Bar Association, she has served two terms on its Board of Governors.

R. Loy Waldrop

Mr. Waldrop is the chair of the Lewis Thomason’s construction law practice group in Knoxville, and serves on the firm’s shareholder compensation committee. He practices exclusively in the areas of construction law and litigation, representing architects, engineers, surveyors, contractors and owners in professional liability, construction defect disputes, construction contract law, and related court litigation and arbitration. He is a 1965 distinguished military graduate of Clemson University with a BS degree in Mechanical Engineering and a 1973 graduate of The University of Tennessee College of Law. For more than 30 years, Mr. Waldrop has represented contractors, subcontractors, suppliers, architects, engineers, surveyors, building owners, and developers on a variety of construction projects, both locally and regionally. He has substantial experience in the defense of design professionals, and he has represented architects, engineers and contractors in hundreds of claims, lawsuits, and arbitration matters. Mr. Waldrop has also served as a construction project dispute arbitrator and mediator. He has been named to The Best Lawyers in America and Mid-South Super Lawyers in the construction practice area. He has been named Best Lawyers “Construction Lawyer of the Year” and “Construction Litigation Lawyer of the Year” for Knoxville. Mr. Waldrop is a founding member of the Tennessee Association of Construction Counsel.

Paul Whitt

Shareholder at Lewis Thomason

Mr. Whitt, a shareholder in the firm’s Knoxville office, practices in the areas of construction law and litigation, including professional liability defense of design professionals, such as engineers, architects and surveyors, as well as professional liability representation of accountants and lawyers. He also has significant experience in general civil litigation and in the representatioin of insurance carriers in first party actions brought by insureds related to coverage matters, claims of bad faith, insurance fraud and other extra-contractual matters.

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.