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Presenter: Linda Mandel Clemente and 1 more

Seminar Date:

Seminar Location: Albany, NY

Hilton Garden Inn Albany Airport
800 Albany Shaker Road
Albany, NY 12211
Phone: 518-464-6666

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


Construction Contract Fundamentals 
L. Mandel Clemente

   Examining contract terminology
      • Parties, consideration, term,
        performance, substantial performance, breach, remedies, damages
   Understanding types of construction contracts:
      • Stipulated sum
      • Cost plus fee
      • Design build
      • Construction management
   Understanding roles and relationships of project participants:
      • Owners, architects/engineers, construction managers, contractors,
        subs and suppliers
   Contract negotiation and drafting
   Exploring the law of construction contract interpretation


The Primary AIA Contract Documents
P. Marthy

   A101-2017 Standard Form of Agreement Between Owner and Contractor
      (Stipulated Sum)
   A102-2017 Standard Form of Agreement Between Owner and Contractor
      (Cost Plus Fee with GMP)
   B101 - 2017 Standard Form of Agreement Between Owner and Architect
   A133-2009 Standard Form of Agreement Between Owner and Construction
      Manager Where Construction Manager is also Constructor
   A141 - 2014 Standard Form of Agreement Between Owner and Design Builder
   A401 - 2017 Standard Form of Agreement Between Contractor and
      Subcontractor
   C401 - 2017 Standard Form of Agreement Between Architect and Consultant


AIA A201: General Conditions
L. Mandel Clemente

   Overview of new updates to AIA documents
   General provisions
   Project participants: owner, contractor, architect, engineer, subcontractors
   Changes in the work
   Time, payments and completion
   Protection of persons and property, insurance and bonds
   Defects in and correction of work
   Miscellaneous provisions
   Termination, suspension, claims and disputes


Supplemental or Alternate AIA Contract Documents
P. Marthy

   A105-2017 Standard Form of Agreement Between Owner and Contractor
      for a Residential or Small Commercial Project
   A107-2007 Standard Form of Agreement Between Owner and Contractor
      for a Project of Limited Scope
   B105-2017 Standard Form of Agreement Between Owner and Architect
      for a Residential or Small Commercial Project
   The “SP” Series for Sustainable Projects
   AIA Contract Documents for Digital Practice


Case Study: Reviewing Completed Contract  
Documents for a Sample Project
L. Mandel Clemente
P. Marthy

Credit Information:

Who Should Attend

  • Architects
  • Attorneys
  • Engineers
  • Contractors

Professional Engineers
     7.0 Continuing Ed. Hours

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

Attorneys
     8.0 New York CLE Hours
     8.0 New Jersey CLE Hours

Contractors
     Non-Credit Continuing Ed.


Continuing Education Credit Information

This seminar is open to the public and offers up to 7.0 continuing education hours to professional engineers and 7.0 HSW continuing education hours to architects in all states, except Florida architects.

HalfMoon Education is an approved continuing education provider for New York engineers (NYSED Sponsor No. 35) and New Jersey engineers (Approval No. 24GP00000700). HalfMoon Education is deemed a New York-approved continuing education provider for architects via its affiliation with the American Institute of Architects.

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

HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana, Maryland, North Carolina, and North Dakota.

HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs*. This traditional format course offers 8.0 Areas of Professional Practice CLE hours which are appropriate for new and experienced attorneys. HalfMoon Education Inc. is a New Jersey CLE Service Provider (No. 164), and this course offers 8.0 CLE hours to New Jersey attorneys.

This event offers a non-credit continuing education opportunity to construction contractors. It has not been approved by any state with a continuing education requirement for contractors.

Speakers:

Linda Mandel Clemente

Mandel Clemente, P.C., East Greenbush, NYMs.

Mandel Clemente has been trying cases since her admission to the New York State Bar Association, after graduating from the Cornell Law School in 1989. After leaving the environmental litigation practice of the law firm of LeBoeuf, Lamb, Leiby & McRae, Ms. Mandel Clemente formed her own firm in 1993. The Mandel Clemente law firm focuses on general civil litigation, particularly within the construction industry. In the early 2000s, while maintaining her litigation firm, Ms. Mandel Clemente took on the part-time positions as the attorney for the Town of Schaghticoke and the town attorney for the Town of North Greenbush. In those roles, she encountered and managed various aspects of municipal law, including bidding requirements, village formation, annexation, formation of improvement districts, tax certiorari proceedings, and Article 78 proceedings. As a litigator of commercial, environmental, civil and construction disputes, she has practiced in both state and federal courts. Over the course of her practice, she has successfully defended and appealed cases to the Appellate Division and also the New York Court of Appeals. She has also practiced at the federal level, including district courts, bankruptcy courts, the 2nd Circuit Court of Appeals and the 6th Circuit Court of Appeals, and is a longstanding member of the New York State and American Bar Associations. Ms. Mandel Clemente has previously lectured on the topics of contract terms and payment issues at seminars held or cosponsored by NESCA and Lorman Educational Services, and has written articles for the Capital District Business Review on construction industry topics.

Paul C. Marthy

Breakell Law Firm P.C., Albany, NY

Mr. Marthy is a 1985 graduate of Siena College and a 1991 graduate of Albany Law School. Mr. Marthy was admitted to the Bar of the State of New York in 1992 and is also admitted in the United States District Court, Northern District of New York. Mr. Marthy has been a practicing attorney since 1992 and has been an associate of the Breakell Law Firm since 2000. Mr. Marthy’s practice includes commercial and contract law; construction litigation, arbitration and mediation; labor issues; private and municipal contracts; drafting, preparation and review of owner, contractor and subcontractor agreements; surety payment and performance bond claims; mechanic’s liens; contractual termination issues; and contractual warranty issues.

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.