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Presenter: Denise A. Brogna and 4 more

Seminar Date:

Seminar Location: Manchester, NH

The Executive Court Banquet Center
1199 South Mammoth Road
Manchester, NH 03109
Phone: 603-626-4788

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


Managing Risk with General Liability and  
Professional Liability Insurance Coverage
J. O’Neill

   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 Shift, Reduce (or Increase) Risk
S.Khan

   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
J. Dennehy

   Reviewing the grounds for professional liability claims
   Identifying who can bring a claim
   Examining common sources of professional liability claims
   Reviewing defenses to liability claims
   Determining damages
   Participating in dispute resolution: arbitration, mediation, litigation
   Obtaining Insurance coverage for professional liability claims


Reducing Risk for Yourself, Your Company and Your Clients
D. Brogna

   Negotiating fair and understandable contract terms
   Maintaining adequate documentation
   Implementing document retention policies and procedures
   Utilizing forms and standard documents
   Communicating with clients and other parties
   Implementing quality control practices
   Using alternative dispute resolution procedures


What to Do When Risk Results in Potential Liability
J. Dennehy

   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


Minimizing Risk by Maximizing Compliance
with Rules of Professional Conduct
C. Hawkins

   Complying with rules of professional conduct
   Preventing conflicts of interest
   Complying with rules on sealing of documents and plans
   Preventing the unauthorized practice of engineering
   Discussion of ethics hypotheticals/case studies
   Promoting health and welfare vs. managing risk: complementary or conflicting duties?
   Protecting the environment: meeting or exceeding legal requirements
   Watching the bottom line: identifying and balancing
      economic pressures in design and construction
   Integrating new technologies: identifying and balancing the benefits and risks
   Reviewing ethics case studies and hypotheticals

Credit Information:

Who Should Attend

  • Engineers

Professional Engineers
     7.0 PDHs, including 1.0 Ethics Hour


Continuing Education Credit Information

This seminar is open to the public and offers 7.0 PDHs, including 1.0 ethics hour, to professional engineers in most states, including New Hampshire. Educators and courses are not subject to preapproval in New Hampshire

Professional engineers seeking continuing education credit in other states should examine their continuing education rules to determine if the subject matter of this course qualifies for 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.

Speakers:

Denise A. Brogna

Donovan Hatem LLP, Boston, MA

Ms. Brogna is a partner in Donovan Hatem’s Professional Practices, Business Litigation, Insurance and Tort Litigation group. She has extensive experience as a trial and appellate lawyer with both large and small firms, including first chair appellate, jury and bench trial experience in both state and federal courts. Ms. Brogna reviews and resolves claims for design professionals throughout the United States where her fact-finding skills are helpful in effectively resolving disputes or liability issues. In addition to defending design professionals, she has also represented officers and directors, real estate agents and brokers, developers, general contractors, and lenders in the areas of construction defect, business litigation, corporate law, real estate, employment law, land use, and tax abatement. Ms. Brogna ran a solo practice for years in addition time spent practicing within law firms.

John W. Dennehy

Dennehy Law, Nashua, NH

Mr. Dennehy’s practice areas include business litigation, civil litigation, design and construction law, corporate law, employment law, and insurance law. He represents professionals including architects, business owners, engineers, surveyors, attorneys, and real estate brokers in litigation matters. Mr. Dennehy has handled a wide range of disputes involving high-rise buildings, hospitals and laboratories, office buildings, college and university buildings, preparatory and public school buildings, museums, churches, manufacturing plants and processing facilities, water treatment facilities and roads and bridges. He has also handled tax issues and real estate transfers. He engages in high exposure personal injury matters including wrongful death, traumatic brain injury, quadriplegia, amputation, and disfigurement. Mr. Dennehy has represented clients in complex business disputes, involving self-directed IRAs, hedge funds, copyright and trademark violations, and partnership disputes, as well as trade secret and commercial contract disputes. He also represents individuals and families in a variety of litigation matters requiring strong advocacy. Mr. Dennehy frequently appears in state and federal courts in New Hampshire and Massachusetts and has obtained successful results as solo and first chair counsel in bench and jury trials in District and Superior Courts. He frequently represents clients in complex matters at mediation, and speaks at seminars.

Christopher D. Hawkins, Esq.

Devine Millimet & Branch, P.A., Manchester, NH

In his role as a counselor, Mr. Hawkins has advised design professionals and technology businesses on contracts, risk management, policy development, and regulatory matters. His practice has been diverse over his 23-year career, including First Amendment issues, environmental, white collar criminal defense, personal injury, employment, premises liability, and a host of other issues. Mr. Hawkins is admitted to practice in New Hampshire, Massachusetts, Maine and Connecticut, and has litigated cases in each of these states. He has been fortunate to litigate cases in Vermont, Illinois, Kansas, Iowa, Wisconsin, and the United Kingdom.

Sakib Khan

Sakib Khan, Esq, Needham, MA

Mr. Khan advises general contractors, subcontractors, architects, engineers, consultants and owners on construction-related issues. With a B.S. degree in Civil Engineering and Construction Management, Mr. Khan is able to get up-to-speed on both the technical and legal issues of a case quickly, and then formulate an assessment and resolution strategy. He’s able to review technical reports, advise and direct experts consulting on a case, and apply practical knowledge to interpretation and application of codes, industry standards and regulations. His depth of knowledge and real-world understanding of building and construction are invaluable assets to clients.

John G. O'Neill

Partner at Sugarman, Rogers, Barshak & Cohen, P.C. in Boston, MA
Mr. O’Neill is a partner in the firm who focuses his practice on business litigation, insurance coverage disputes and professional liability litigation. He represents individuals and businesses in a wide range of commercial disputes, including claims for breach of contract, commercial fraud, breach of fiduciary duty, and violation of consumer protection statutes. He has also defended clients in connection with class action lawsuits. Mr. O’Neill has extensive experience representing insurers and policyholders in complex insurance coverage disputes. He advises and represents clients on a wide variety of coverage issues arising under professional liability, directors and officers liability, general liability, aviation, and property insurance policies. He also advises and represents clients in connection with claims for bad faith and extra-contractual liability.

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.