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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 
D. Waltz

   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 
D. Waltz

   Invitation 
   Bid form 
   Instructions
   Bid bond 
   Information 
   Addenda


Reviewing Project Documents
D. Waltz

   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 
M. Bernlohr

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


Examining Legal Issues and Contract Disputes
M. Bernlohr

   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 D. Waltz
   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


Handling Ethical Issues in Construction Contracting
D. Waltz

   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
  • Engineers
  • Contractors

Professional Engineers
     7.0 PDHs

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 PDHs to professional engineers and 7.0 HSW (Public Protection) continuing education hours to architects in all states. Educators and courses are not subject to preapproval in West Virginia.

The American Institute of Architects has approved this course for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York architects.

This seminar offers a non-credit continuing education opportunity to construction contractors. It has not been reviewed 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 event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers:

Mark W. Bernlohr

Mark W. Bernlohr is a member of Jackson Kelly in the Akron, Ohio, office. He is a member in the construction, energy and oil & gas industry groups, focusing primarily on litigation and commercial litigation. Mr. Bernlohr’s experience and knowledge has allowed him to represent a wide swath of clients with great success, and his legal track record speaks volumes. He has more than 25 years of trial experience involving the litigation of commercial, oil and gas, and construction issues, and he has extensive jury and bench trial experience throughout the state of Ohio. Mr. Bernlohr’s business law experience includes litigating many cases involving commercial interests, such as shareholder and partner disputes, non-compete and employment agreements, misappropriation of trade secrets, and fraud and injunction cases. He also has represented the interests of equipment leasing and finance companies and banks, as well as several large oil and gas exploration companies in defense of oil and gas leasing rights. He routinely represents contractors, owners, developers, architects, and suppliers in the prosecution and defense of construction claims, which have ranged from public and private projects to breach of contract to bid disputes and liens. Mr. Bernlor’s enthusiasm for his work is undeniable, because when he isn’t practicing the law, he’s teaching it. He has served as an adjunct professor at the University of Akron since 2010, teaching a course about the legal aspects of construction. Whether in the courtroom or in the classroom, he is a consummate professional who proudly represents the Jackson Kelly team. His experience and dedication to his areas of practice not only benefit the firm, but also his clients and students who continue to learn from him every day.

Danielle M. Waltz

Danielle M. Waltz is a member of Jackson Kelly in the Charleston, West Virginia, office. She is a member in the banking, construction, and government industry groups, focusing primarily on litigation and government relations. Ms. Waltz has a wide range of legal experience, including handling complex multi-party construction matters and litigating commercial banking cases. With many of her clients in the construction industry, she knows the business side of construction as well as the law. Ms. Waltz is a natural problem solver who enjoys helping her clients find solutions to their issues, which oftentimes requires tenacity and out-of-the-box thinking. Ms. Waltz has published and lectured on construction matters, including authoring the West Virginia portion of the 2009 Defense Research Institute Desk Reference. She is extensively involved in the Defense Research Institute Construction Law Group, holding several leadership positions through the years, including National Seminar Chair. She also has a great deal of experience in government relations – providing services for local, state, and national business clients. Her government relations clients count on her to help them navigate the passage or defeat of legislation and to develop rapport with elected officials and government agencies. Ms. Waltz is the perfect person for this, as she’s a people-person who likes connecting with others. She has a definite knack for bringing people together for mutually beneficial partnerships. Ms. Waltz is a proud native of West Virginia’s Northern Panhandle and takes fierce pride in its signature DiCarlo’s Pizza. She holds her undergraduate degree in Mathematics from West Virginia University and likes solving math problems for fun. She also holds a law degree from WVU, so it’s no surprise she’s a big fan of WVU sports.

Tuition Costs:

Standard Tuition: $289.00
Online Tuition (pre-registration): $289.00
Group Prices
3 or more People: $269.00

Each registration includes one copy of a manual prepared by the seminar speakers.