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Managing Engineering Liability and Risk

Presenter: Benjamin H. Hammond and 3 more

Seminar Date:

Seminar Location: East Lansing, MI

Marriott at University Place
300 Michigan Agricultural College Ave.
East Lansing, MI 48823
Phone: 517-337-4440

This seminar is closed or full.

Agenda:

Registration:                    8:00 - 8:30 am

Morning Session:             8:30 am - 12:15 pm

Lunch (On your own):       12:15 - 1:15 pm

Afternoon Session:           1:15 - 5:00 pm


Applying Risk Management Principles to the Practice of Engineering and
Managing Risk with General Liability and Professional Liability Insurance Coverage

G. Quesada

   Identifying engineering risks
   Reviewing consequences of potential risks
   Understanding principles of risk management
   Reviewing risk management standards and techniques
   Identifying strategies to minimize engineering risk and maximize positive results
   Coverage provided by general liability vs. professional liability policies
   Certificates of insurance and additional insureds
   Indemnities
   Assignment
   Insurance availability
   Insurance policies
   Warranties, guarantees and certifications
   Recognizing and responding to design professional claims


Understanding How Contracts Can Reduce (or Increase) Risk
M. Smith

   An overview of contract law and key concepts
   Understanding contract formation and revision
   Recognizing liability exposure under contract
   Reviewing standard contract provisions and understanding their impact on risk
      • Guarantees, warranties and indemnities
   Understanding consequences for delay, disruption, nonperformance, inadequate performance
   Using contract terms to manage risk


Law of Engineering Malpractice
B. Hammond

   Review the legal theories advanced in professional liability claims
   Identify who commonly brings professional liability claims
   Understand why professional liability claims are brought
   Ramifications of potential damages
   Overview of participating in dispute resolution: arbitration, mediation, litigation
   Case study #1


Law of Engineering Malpractice 2.0
B. Hammond

   Overview of key contract clauses that will limit risk and assist in the defense of a claim
      Scope of services
      Standard of care
      Ownership of documents
      Jobsite safety
      Limitation of liability
      Certifications, warranties and guarantees
      Payment
   Review defenses to liability claims
   Understand design delegation and how it impacts potential legal exposure
   Discuss design specifications versus performance specifications, how they are different and why it matters
   Case study #2
   (As time allows) Overview of liability in IPD contracts and BIM


What to Do When Risk Results in Potential Liability
S. Stoner

   Understanding causes of professional liability claims
   Parties who can bring a claim for professional negligence
   Understanding the standard of care
   Understanding the law of damages
   Resolving professional liability claims

Credit Information:

Who Should Attend

  • Engineers

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 continuing education hours to Michigan professional engineers in accordance with their administrative rules. Educators and courses are not subject to preapproval in Michigan.

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 state rules to determine eligibility.

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:

Benjamin H. Hammond

Attorney with Hilger Hammond
A significant portion of Mr. Hammond’s practice concerns construction law, where he is routinely engaged in complex litigation. His clients are representative of all parties involved in construction, including owners, design professionals, general contractors, subcontractors, and suppliers. The remainder of Mr. Hammond’s practice involves commercial and residential real estate transactions, business law, and commercial litigation.

Gary D. Quesada

J.D. Partner at Cavanaugh & Quesada PLC
Mr. Quesada has been practicing law since 1993 and is admitted to all Michigan Courts, and the U.S. District Courts of Michigan. His practice has been concentrated in the design and construction industries. He has represented architects, engineers, contractors, private construction owners, and public entities in business and construction law matters, contract, construction and property disputes, construction lien and bond claims and defense, professional malpractice, copyright, insurance claims and defense and government affairs. Mr. Quesada has been named an honorary affiliate member of the AIA, and he was named one of Metro Detroit’s Top Lawyers by DBusiness Magazine. Mr. Quesada is also an arbitrator on the AAA panel and an adjunct professor of construction law at Eastern Michigan University.

Matthew T. Smith

Attorney with Clark Hill PLC
Mr. Smith is a member of Clark Hill’s Construction Practice Group, and specializes in commercial and construction matters. He is experienced in bankruptcy, creditors’ rights, real estate and civil litigation. Mr. Smith is among the 5 percent of Michigan attorneys selected for inclusion in Michigan Super Lawyers (2012-2015), an honor reserved for those lawyers who have shown excellence in practice. Mr. Smith received a B.A. degree in Financial Administration from Michigan State University in 1991, where he was an athlete and received several scholarships and awards. He joined the United States Marine Corps in 1993 and has achieved the rank of Major. After receiving his law degree from the University of Detroit Mercy School of Law in 1994, Mr. Smith practiced bankruptcy, real estate and corporate law. In 1995, he returned to active duty in the Marines and attended the Naval Justice School in 1996, receiving certification as a judge advocate in the United States Marine Corps. Mr. Smith served as government counsel, defense counsel, and as a special assistant United States attorney for the Marine Corps’ Office of the Staff Judge Advocate in San Diego, California. He returned to Michigan in 1999 to practice creditors’ rights law, construction litigation, real estate and corporate law, while also serving in the U.S. Marine Reserves. Mr. Smith authored Creditor’s Rights in Chapter 11 Cases published by Aspatore, a Thomson Reuters Company. He is admitted to practice in Michigan, the U.S. Sixth Circuit Court of Appeals, the U.S. District Courts for the Eastern and Western Districts of Michigan, the U.S. District Court of California, and the U.S. Navy-Marine Corps Court of Criminal Appeals. Mr. Smith is a member of the American Bar Association, the Ingham County Bar Association and the State Bar of Michigan. He has been selected as a fellow of the Litigation Counsel of America.

Scott D. Stoner

Starr, Butler, Alexopoulos & Stoner, PLLC
Mr. Stoner has successfully defended claims against design professionals for design defects, tortious interference, failure to inspect, and damages for delay, and he has handled contractor claims and surety and lien claims. In addition, he frequently represents shareholders in various business disputes, including breach of fiduciary duty, fraud, and usurpation of corporate opportunity. Mr. Stoner has successfully tried cases in both state and federal courts.his contributions to the legal profession are not limited to the courtroom. He has lectured extensively on various risk management issues for design professionals on areas such as contract drafting, project documentation, claims handling, and other issues that typically arise during the course of a construction project. Mr. Stoner’s legal practice is centered on delivering the best possible legal outcome for his clients. He works to ensure that clients make solid and informed business decisions. He strives to educate clients on the law and to bring them as much information as necessary to ensure they make good business decisions. Mr. Stoner provides uncompromising legal representation for businesses and professionals. He relies on 15 years of experience in the legal field and a background of academic excellence. Mr. Stonerearned his Bachelor of Arts degrees in Economics and Political Science from Indiana University in 1993 and his Juris Doctorate degree from the University of Toledo College of Law in 1996.

Tuition Costs:

Standard Tuition: $279.00
Online Tuition (pre-registration): $279.00
Group Prices
3 or more People: $259.00

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