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Construction Contract Workshop

Presenter: Kurt F. Fernsler and 4 more

Seminar Date:

Seminar Location: Camp Hill, PA

Radisson Hotel Harrisburg
1150 Camp Hill Bypass
Camp Hill, PA 17011
Phone: 717-763-7117

This seminar is closed or full.

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 - 5:00 pm


Understanding Construction Contract Essentials
M. Jameson

   Examining contract terminology: parties, consideration, term, performance, substantial performance, breach, remedies, damages
   Studying roles and relationships of project participants: owners, architects/engineers, construction managers, contractors, subs and suppliers
   Understanding the project delivery system: traditional design-bid-build, design-build, construction manager at risk, multiple prime contractor,
      owner control
   Understanding types of construction contracts: lump sum, cost plus, time and materials, unit pricing
   Exploring the law of construction contract interpretation


Reviewing Bidding Documents
J. Miller

   Invitation
   Bid form
   Instructions
   Bid bond
   Information
   Addenda


Reviewing Project Documents
J. Miller

   Use of standard forms or custom documents
   Agreement
   Performance bond
   Payment bond
   Contract conditions (general and supplementary)
   Specifications (Format, CSI 1995 and 2004)
   Shop drawings
   Contract modifications (change orders, directives, etc.)


Understanding Issues in Contract Administration
K. Fernsler, B. Keefer, R. Striewig

   Insurance and indemnity issues
   Chain of command issues
   Subcontracts
   Changes and change orders
   Payments
   Substantial and final completion
   Breach and pitfalls


Comparing Standardized Construction Documents
M. Jameson

   American Institute of Architects
   ConsensusDocs
   Engineers Joint Contract Documents Committee (EJCDC)


Examining Legal Issues and Contract Disputes
J. Miller

   Changed conditions
   Project documentation
   Delays, acceleration
   Handling payment claims and final payments
   Resolving disputes through mediation, arbitration, litigation
   Understanding contractual and statutory warranties


Handling Ethical Issues in Construction Contracting
K. Fernsler

   Promoting impartial, merit-based award of construction contracts
   Ensuring honesty, integrity, fair-dealing and quality assurance
   Creating a system of internal practices promoting contract compliance and ethical practices

Credit Information:

Who Should Attend

  • Architects
  • Attorneys
  • Engineers
  • Contractors

Architects
     7.0 HSW Continuing Ed. Hours
     7.0 AIA HSW Learning Units

Professional Engineers
     7.0 PDHs

Contractors
     Non-Mandatory Continuing Ed.

Pennsylvania Attorneys
     7.0 CLE Hours (1.0 Ethics)


Continuing Education Credit Information

This seminar is open to the public and offers 7.0 HSW continuing education hours to Pennsylvania architects and 7.0 PDHs to Pennsylvania professional engineers.

This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.

This seminar also offers a continuing education opportunity to contractors, but it has not been submitted to any state for contractor CE credit approval.

The Pennsylvania CLE Board has approved this seminar for 7.0 CLE hours, including 1.0 ethics hour, for attorneys.

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:

Kurt F. Fernsler

Kurt F. Fernsler is a shareholder in the Construction Services and Litigation Services Groups of Babst Calland and practices in the Pittsburgh as well as State College office. Mr. Fernsler has significant experience in negotiating and litigating construction and other commercial matters. His construction experience includes representing contractors, subcontractors, owners, surety companies and utilities in drafting and negotiating construction contracts and in all manner of performance and payment disputes, including payment and performance bond claims and defenses, mechanics’ liens, indemnity, insurance and claims surrounding delay, acceleration and similar construction-related issues. Mr. Fernsler’s experience includes litigating and arbitrating these types of issues before various state and federal courts and the American Arbitration Association. Mr. Fernsler earned his J.D. degree from the Duquesne University School of Law. He has been listed in the Construction Law and Litigation – Construction Sections of The Best Lawyers in America® since 2013. He has been recognized as one of Pennsylvania’s top lawyers since 2010, according to an annual survey published in Philadelphia magazine.

D. Matthew Jameson III

D. Matthew Jameson III is a trial attorney with Babst Calland who chairs the firm’s Construction Group and serves as the editor-in-chief of the firm’s Construction Law Blog. He has significant experience in all aspects of construction law, including construction bid protests, construction contract review and drafting, and prosecution and defense of construction delay, acceleration, inefficiency claims and construction payment disputes. In addition, he has trial experience in handling complex breach of contract actions and environmental cost recovery cases. He has represented clients in trials and hearings before various courts, administrative tribunals, and alternative dispute resolution forums. Mr. Jameson received his J.D. degree, with honors, from the Rutgers University School of Law-Camden. While at Rutgers, Mr. Jameson served as editor-in-chief of the Rutgers Law Journal. Since 2014, Mr. Jameson has been ranked among Pennsylvania’s top construction lawyers in Chambers USA’s America’s Leading Business Lawyers. He has been listed in The Best Lawyers in America® since 2007. Mr. Jameson has also been recognized as one of Pennsylvania’s top lawyers since 2005, according to an annual survey published in Philadelphia magazine.

Baron S. Keefer

Baron S. Keefer is CEO of the Property and Casualty Division of American Insurance Administrators (AIA), which recently merged with several agencies across the United States to create the ALERA Group, the 14th largest agency in the United States. His insurance experience includes ten years with PMA Group as claims manager of the Central Pennsylvania region before joining AIA 20 years ago. At AIA, Mr. Keefer has specialized in placing insurance coverages for clients in the construction industry, and he has experience in traditional insurance as well as large deductibles, self-insurance and captives. He received his M.B.A. degree from Loyola College in Baltimore and holds a CPCU degree.

James D. Miller

James D. Miller is a shareholder in the Litigation and Construction Services groups of Babst Calland. Mr. Miller’s practice focuses primarily on commercial litigation and construction law. He has represented clients ranging from publicly-traded corporations to individuals in a variety of construction and business litigation cases in multiple state courts and federal courts. Mr. Miller advises companies in the construction and energy industries, including contractors, subcontractors, suppliers and project owners, with issues related to contract drafting, project management, dispute resolution and general business consultation. He has experience prosecuting and defending a wide range of construction-related claims arising from private, state and federal projects. Mr. Miller received his J.D. degree from Duquesne University, where he graduated magna cum laude and served on the Editorial Board of the Duquesne Law Review. Mr. Miller is actively involved with several construction trade organizations, including the Master Builders’ Association (MBA), Constructors Association of Western Pennsylvania (CAWP), American Subcontractors Association (ASA) and Pennsylvania Builders Exchange (PBX).

Robert N. Striewig, Jr.

Robert N. Striewig, Jr. is senior vice president at American Insurance Administrators (AIA), part of ALERA Group, the 14th largest privately held insurance agency in the United States.Mr. Striewig manages the domestic and international surety programs between clients and surety companies throughout the US. He has over 35 years of experience in the surety industry and currently serves as a director on several boards within the industry. Mr. Striewig has also been involved on national advisory boards, is a past president of the MBX and is currently chairman of the Central Pennsylvania chapter of CFMA’s annual scholarship event. He has extensive experience in mitigating claim and onerous exposures through the review and negotiations of bond forms and contract documents.

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.