Registration: 8:00 - 8:30 am
Morning Session: 8:30 - 11:45 am
Lunch (On your own): 11:45 am - 12:45 pm
Afternoon Session: 12:45 - 5:00 pm
Distinguishing between Construction Defects and Failures
Causes of defects: problems with design, materials and/or construction
Causes of failures: deterioration, unintended use, “Acts of God”
Examining Common Defects and Failures
R. Woolf, J. Davis
Analyzing defects and failures for methodology and causality
Site selection and engineering
Foundation design and construction
Design and construction of floors, walls and roofing
Exploring defects and failures in mechanical and electrical systems
Adopting Practices that Reduce Defects and Failures
Reviewing proposed use and preparing construction documents
Owner warranty of construction documents
Discovering errors in construction documents prior to commencement of building activities
Discovering errors in construction documents during construction
Inspections and testing
Preserving and documenting claims
Handling Ethical Issues Associated with Defects and Failures
Ethical rules impacting attorneys that construction professionals should be aware exist
Conflicts of interest
Ethical problems concerning use of email
Preservation of records
Understanding and Preventing Disputes Generated by Defects and Failures
Identifying parties with potential liability
Understanding theories of liability
Identifying defenses to liability
Timeliness, contractual defenses, crossclaims and counterclaims
Participating in Conflict Resolution Procedures
Mediation, arbitration, litigation
Reviewing types of damages and how they are calculated
Understanding Insurance Coverage Issues
M. Less, B. Siler
Commercial general insurance coverage for defects and failures
Design professional liability insurance coverage
Insurance carrier duty to defend
Who Should Attend
7.0 Tennessee CLE Hours
7.0 HSW CPE Hours/PDHs
7.0 HSW CPE Hours/CE Hours
7.0 AIA Learning Units
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 HSW continuing professional education hours to engineers and architects in Tennessee and all other states, except Florida architects. Educators and courses are not subject to preapproval in Kentucky.
This event is approved by the American Institute of Architects Continuing Education System for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
This course includes one hour of ethics, which can be used in states with an ethics requirement.
HalfMoon Education is deemed an approved architect continuing education sponsor in New York. HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana, Louisiana, Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.
The Tennessee Commission on CLE has approved this course for 7.0 CLE hours for attorneys.
This seminar offers a non-credit continuing education opportunity to construction contractors. It is not approved by any state licensing entity for contractor continuing education credit.
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.
Shareholder at Lewis Thomason, in Memphis, Tennessee
Mr. Barton’s practice areas include construction litigation, construction law, workers’ compensation, premises liability and employment litigation. Mr. Barton received a B.A. degree from the University of Mississippi and a J.D. degree from Georgia State University. He is a member of the Memphis, Tennessee and American bar associations, and is admitted to practice law in Georgia and Tennessee. Mr. Barton has tried numerous civil and criminal matters to verdict in the state and federal courts of Tennessee.
Attorney at Williams Venker & Sanders LLC in St. Louis, Missouri
Mr. Davis is a seasoned litigator who practiced for several years with large litigation firms in St. Louis, where he honed his trial skills and focused his practice on transportation, product liability, and fire and explosion litigation. He has represented both plaintiffs and defendants in complex litigation matters, including multi-vehicle transportation accidents, catastrophic fire cases, wrongful death products liability cases, severe injury premise liability matters, and high exposure insurance coverage cases. He prides himself on early case assessment and evaluation and strives to provide a detailed evaluation of potential exposure coupled with recommendations for future handling and strategies for resolution as soon as possible after receiving any assignment. Drawing from actual trial experience as both lead trial attorney and as second chair, Mr. Davis is able to provide a comprehensive set of litigation skills, aggressively representing client interests while balancing the client’s financial realities and unique business interests.
The Frick Law Firm, PLLC in Memphis, Tennessee
Mr. Frick is the founding member of The Frick Law Firm, PLLC. His main areas of practice include construction law, general commercial litigation and bankruptcy law. Mr. Frick received his B.A. degree from Vanderbilt University and his J.D. degree from the University of Mississippi School of Law. He is a member of the Memphis and Tennessee bar associations.
Shareholder at Evans Petree PC in Memphis
Mr. Getz leads the Construction and Surety Law Practice Group and has focused his practice exclusively on construction and surety bond contract claims for more than 25 years. He has worked on contract negotiations, insurance requirements, surety bonding issues, LEED certification, CPM scheduling and delay analysis claims, change orders, defective and nonconforming work, differing site conditions, warranty issues, mechanics and material men’s lien claims and project close-out issues. Mr. Getz’s representation experience includes multipurpose sports arenas, public university facilities, multifamily residential developments, office buildings, government facilities, hotels, industrial and process manufacturing and design build industrial contracting and development. Mr. Getz has been a Super Lawyer in the field of construction law for six years and was recently selected by his peers for inclusion in The Best Lawyers in America 2015 in the fields of Construction Law and Litigation.
Attorney at Butler Snow in Memphis, Tennessee
Mr. Less is the Chair of the Butler Snow Task Force for the Construction Industry and concentrates his practice in all aspects of Construction Law, including drafting and negotiating design contracts, construction contracts, and various other construction industry related agreements. He provides legal problem solving advice to clients while projects are under construction and represents clients in disputes, both in court and alternative dispute resolution. Mr. Less has been involved with numerous private and public projects serving as counsel for public and private owners, contractors, subcontractors, design professionals, financial institutions, insurance companies and sureties. He has also served as a mediator and an arbitrator.
Partner at Libby and Nahmias, in Memphis
Adam M. Nahmias graduated from the University of Alabama in 1990, and the University of Memphis School of Law in 1993. He is a member of the Memphis and Tennessee Bar Associations. Since his admission to practice, Mr. Nahmias has represented clients in all facets of the construction industry, including design professionals, owners, general contractors, subcontractors and suppliers.
Attorney at Butler Snow in Memphis, Tennessee
Mr. Siler represents and defends clients in all areas of employment litigation including: discrimination, harassment, retaliation lawsuits, whistleblower, wage and hour, ERISA, defamation, and workers’compensation matters. He earned his B.A. degree in Criminal Justice from the University of Memphis in 1998, and his J.D. degree also from the University of Memphis, in 2002. He is licensed to practice Tennessee and Mississippi and is a frequent speaker and presenter on labor and employment issues.
Partner at Williams Venker & Sanders LLC, St. Louis, Missouri
Mr. Woolf is a knowledgeable litigator with a strong understanding of the law and a knack for strategic, outside-the-box thinking when it comes to analyzing civil lawsuits he practices in both state and federal courts in Missouri, Tennessee and Illinois. Mr. Woolf has tried numerous cases as both first and second chair and has repeatedly obtained favorable results for his clients. He has experience representing both defendants and plaintiffs allowing him to provide his clients with a unique perspective and valuable insight. Mr. Woolf has extensive experience handling construction defect cases, defending both general contractors and subcontractors. He is a big fan of the Tennessee Titans and all sports associated with the University of Tennessee.