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Presenter: David L. Fine and 3 more

Seminar Date:

Seminar Location: Natick, MA

Courtyard by Marriott Natick
342 Speen Street
Natick, MA 01760
Phone: 508-655-6100

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 
S. Martin

   Contract terminology
      • Parties, consideration, term, performance, completion, substantial performance, breach, 
        remedies, damages, liquidated damages, warranty, indemnity
   Understanding project delivery and types of construction contracts:
      • Stipulated sum
      • Cost plus fee 
      • Design build
      • Construction management
   Understanding roles and relationships of project participants:
      • Owner and architect/engineer; prime A/E and sub-consultants; owner and construction 
        manager/general contractor; prime contractor and subcontractors/suppliers; 
        subcontractors and suppliers
   Contract negotiation and drafting
      • Critical issues: standard of care, scope of work, payment terms, schedule, changes, 
        warranty, indemnity, insurance, default/termination, disputes
   Primary legal principles applied to construction contract interpretation
      • Enforcement of contract terms, changes, doctrine of substantial performance, time of the 
        essence, statutory constraints on payment and indemnity, dispute resolution, standard of 
        care versus strict compliance with contract


The Primary AIA Contract Documents 
S. Khan

   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 
M. Sams

   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 
D. Fine

   A105-2017 Standard Form of Agreement Between Owner 
      and Contractor for a Residential or Small Commercial Project
   A107-2017 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
D. Fine

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

Professional Engineers
     7.0 PDHs

Architects
     7.0 HSW Contact Hours
     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 HSW contact/ continuing education hours to architects and 7.0 PDHs to engineers in all states. Educators and courses for Massachusetts architects are not subject to pre-approval.

This seminar is 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.

The New York State Education Department considers courses as approved for New York State mandatory continuing education for professional engineers if the sponsor’s courses are approved by the American Institute of Architects Continuing Education System and/ or the Landscape Architecture Continuing Education System and are in approved subject areas.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), 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 approved by any state with a construction contractor continuing education requirement.

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:

David L. Fine

Partner at Mirick, O’Connell, DeMallie & Lougee, LLP, in Worcester, MA

Mr. Fine represents and counsels clients in the construction industry, including owners and developers, general contractors and construction managers, specialty trade contractors, suppliers and manufacturers. He represents clients in adverse proceedings such as litigation and arbitration, and he consults regarding risk management, contract preparation and negotiation, and general business advice. Mr. Fine is the chair of his firm’s Construction Law Group, the president of the Home Builders and Remodelers Association of Central Massachusetts. He holds several leadership positions in local, regional and national construction trade and bar organizations. Mr. Fine was named a Massachusetts “Super Lawyer” by Boston magazine and Law & Politics in 2017 and 2018, and he was named a Massachusetts “Rising Star” for several years prior.

Sakib A. Khan, Esq.

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.

Stan Martin

Owner of Commonsense Construction Law LLC, in Boston, MA

Mr. Martin’s practice focuses on the construction industry, particularly in the areas of contract negotiation, procurement, project performance and claims, arbitration and litigation. He has conducted more than 100 construction-related trials. Mr. Martin is a Fellow of the American College of Construction Lawyers and has been an active member of the Associated General Contractors of America (AGC) and AGC of Massachusetts for 20 years. He has served as a lecturer on construction law at the Massachusetts Institute of Technology and at Northeastern University.

Michael P. Sams

Kenney & Sams PC in Boston, MA

Mr. Sams is a founding member and shareholder of Kenney & Sams, P.C. His primary area of practice is construction litigation. Mr. Sams has successfully tried numerous cases before the Massachusetts Superior and District Courts, the United States Department of Labor, the Division of Administrative Law Appeals, and the Department of Industrial Accidents. He has successfully tried bid protest matters before the Attorney General’s Office, and he has handled appeals before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and the United States First Circuit. Mr. Sams has arbitrated matters with the American Arbitration Association and the Office of Consumer Affairs. In addition to his litigation and trial work, he spends considerable time consulting with clients regarding risk management policies and procedures, as well as contract analysis and preparation, all to lessen the potential for future litigation. Mr. Sams chairs the Defense Research Institute’s national Construction Law Committee, and he is general counsel to the Gould Construction Institute. He is former chair of the Boston Bar Association’s Construction Law Committee.

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.

AIA Info:

AIA Provider Statement:

HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).

This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.

AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

Course Title: AIA Contract Document Workshop

Delivery Method: Live

Course Description: This is a 7.0 hour live lecture presentation with the instructors and students together in the same room. It will be conducted in a handicap-accessible conference room with ample seating space and writing surface for all attendees. Bound written materials, authored by the faculty, will be distributed to all participants at the program. Attendance will be monitored and reported to AIA/CES.

Learning Objectives:

Learning Objective 1:
Learners will be able to know when to use AIA Standard forms A101-2017, A102-2017, B101-2017, A133-2009, A141-2014, A401-2017, and C401-2017, and they will be able to identify the obligations and project participant relationships that are created by those agreements.

Learning Objective 2:
Learners will be able to know when to use and the obligations of supplemental or alternate AIA contract documents A105-2017, A107-2007, B105-2017, and "SP" Series for Sustainable Projects.

Learning Objective 3:
Learners will be able to define key contract terminology, be able to differentiate types of construction contracts, explain the roles and relationships of the project participants, and discuss legal issues of construction contract interpretation.

Learning Objective 4:
Learners will be able to identify changes to AIA A201: General Conditions affecting project participant relationships, changes in work, time, paymnets and completion, protection of persons and property, insurance and bonds, defects and correction of work, termination, suspension, claims and disputes.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 06/26/2020

Complaint Resolution Policy:

Complaints regarding this course can be emailed to doug@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost, or a full or partial refund. Each instance will be resolved on a case-by-case situation.