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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. LaFratta

   Examining contract terminology and concepts: parties, consideration, term, performance, 
      substantial performance, breach, remedies, damages, limit of liability, indemnity,
      termination, intellectual property licensing and infringement, incoterms and UCC 
      shipping terms
   Understanding the project delivery system: traditional design-bid-build, design-build, 
      construction manager at risk, multiple prime contractor, owner control , design 
      ownership or license?
   Understanding types of construction contracts: lump sum, cost plus, time and materials, 
      unit pricing, guaranteed maximum price, not to exceed
   Exploring the law of construction contract interpretation: integration clause and parol 
      evidence, contract formation, contra proferentem, excused of performance


Assigning and Assessing Responsibilities and Liabilities in  
Contract Administration and in Construction Administration
J. Watson

   Responsibilities and liabilities of the:
      • Contract manager 
      • Construction law attorney
      • Project manager 
      • Third-party inspectors
   Responsibilities and liabilities in construction administration


Assessing a Design Professional’s’ Potential Liability arising from  
the Design, Design Delegation, and Submittal Review Process
B. Dulin

   Distinctions between tort liability and contractual liability
   Professional liability arising from design responsibilities
   Professional responsibilities and liability arising from submittal reviews


Principal Potential Disagreements, Disputes and Claims During the  
Procurement, Construction, and Post-Construction Phases
J. Watson

   Principal areas for:
      • Conflicts involving procurement
      • Conflicts involving construction
      • Post-construction conflicts
      • Conflicts with subcontractors & suppliers
   Claims’ preservation and resolution


Handling Ethical Issues in Construction Contracting 
A. Moss

   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


Current Trends & Developments in Environmental Assessments  
for Major Civil Works and Transportation Projects
B. Dulin

   Types of projects subject to the National Environmental Policy Act
   The NEPA process and Virginia’s DEQ involvement
   Pertinent DOT and Department of Defense regulations
   Recent judicial decisions on environmental assessments & impact statements

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

Professional Engineers
     7.0 Continuing Ed. Hours

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

Contractors
     Non-Credit Continuing Ed.


Continuing Education Credit Information

This seminar is open to the public and offers 7.0 continuing education hours to professional engineers and architects (HSW) in most states, including Virginia. Educators and courses are not subject to preapproval in Virginia.

This event has been 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.

Engineers and architects seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.

This seminar offers a non-credit continuing education opportunity to construction contractors; it has not been approved by any state contractor licensing entity for continuing education purposes.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers:

Betsy Dulin, P.E JD

38th ED, LLC, Richmond

Ms. Dulin has over 25 years’ experience in the practice of law and engineering. She is a registeredprofessional engineer (civil) and is licensed to practice law in Virginia, West Virginia and Ohio. Ms. Dulinhas a B.S. degree in Civil Engineering and an M.S. degree in Environmental Engineering from WVU andVirginia Tech, respectively, and her law degree is from Washington & Lee University. She has workedthroughout her career in the engineering design and construction context, as a design professional,project manager, planner, and attorney. Ms. Dulin is experienced in negotiation and drafting of contractdocuments, including specifications, and she has experience in both civil and criminal litigation. She alsohas significant experience working with public sector clients on contracting, regulatory, construction,legislative, and public communications matters.Ms. Dulin is a former dean of the College of Information Technology and Engineering at Marshall Universityand is a member of the National Society of Professional Engineers, the Society of American MilitaryEngineers, the American Society of Civil Engineers, and the Construction Specifications Institute. She ownsher own small business, where she specializes in planning, project management, technical writing, publicengagement, and meeting facilitation. Ms. Dulin is an adjunct faculty member with Virginia Tech, offeringgraduate courses that cover construction, contracts, environmental issues, and related topics.

Mark J. La Fratta

McGuire Woods, Richmond

Mr. La Fratta has more than 35 years’ experience supporting clients on the development and construction of energy and industrial projects such as LNG facilities, power plants and food processing facilities, as well as large commercial construction, such as office towers. He has represented the owners, lenders and customers of most types of power generation projects, including hydro, biomass, coal, lignite, pet coke, nuclear, natural gas, waste-fired, landfill gas, wind and solar (PV and CSP). A recognized authority in his field, Mr. La Fratta has written on construction, energy and utility-related topics for a number of organizations, including for the Energy and Mineral Law Foundation (Drafting and Negotiating Power Purchase Agreements) and the American Society of Mechanical Engineers (Design Build Projects). He has taught classes at a number of industry venues and conferences including the Association of Corporate Counsel and the American Institute of Architects. Mr. La Fratta has been selected as a fellow in the Construction Lawyers Society of America and was named Energy Regulation Lawyer of the Year for Virginia by Best Lawyers for 2018.

Ashely G. Moss

Vandeventer Black LLP, Richmond

Ms. Moss concentrates her practice in professional licensing, regulatory compliance, professional liability defense, construction law, and general litigation. She routinely represents architects, engineers, and contractors in a variety of contexts, including litigation, working with governmental agencies/boards (e.g., DPOR/APELSCIDLA), obtaining and maintaining professional licenses and certificates of authorization across the nation, and ensuring compliance with evolving licensing regulations. Ms. Moss also represents design professionals throughout the Commonwealth of Virginia and District of Columbia in connection with alleged breaches of contract, malpractice, and related claims.

James R. Watson, Esq.

Coates & Davenport P.C., Richmond

Mr. Watson is a 25-year member of the Construction Law and Public Contracts Section of the Virginia State Bar. His practice is focused on serving clients in the areas of both public and private procurement and construction. In addition to having tried numerous construction cases before federal and state courts, arbitration panels, and federal boards of contract appeals, he is a frequent speaker before professional and construction industry groups. Mr. Watson recently spoke on design-build issues at the 2016 regional conference of SASHTO. His comprehensive knowledge of the construction process is enhanced by being certified for six years as a project management professional (PMP) by the Project Management Institute. In addition, Mr. Watson worked for over two years with project managers in construction administration with one of the nation’s largest multi-disciplinary engineering firms. There, on a daily basis he worked with engineers to resolve complex construction issues involving all major engineering disciplines. Although not an engineer, Mr. Watson twice served as chair of the Richmond Joint Engineers’ Council. He has served on the board of directors of the Richmond Chapter of the Construction Specifications Institute and was certified by the national CSI as a MasterFormat-2004® Instructor.

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.