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Presenter: Todd A. Bakal and 3 more

Seminar Date:

Seminar Location: Somerset, NJ

Doubletree by Hilton Somerset
200 Atrium Drive
Somerset, NJ 08873
Phone: 732-469-2600

This seminar is closed or full.

Agenda:

Registration:                        8:00 - 8:30 am

Morning Session:                8:30 - 11:45 am

Lunch (On your own):         11:45 am - 12:45 pm

Afternoon Session:             12:45 - 5:00 pm


Protecting the Project with Bonds and Insurance 
T. Bakal

   Obtaining construction bonds
      • Performance 
      • Payment
      • Alternatives to bonds
   Obtaining insurance
      • Commercial general liability insurance
      • Builder’s risk insurance
      • Errors and omissions insurance
      • Additional/alternative insurance
   Claims and notice issues


Facilitating the Project with Effective Construction Contracting 
J. Haftek, Jr.

   Understanding the legal rights/duties of project participants: owners, 
      contractors, design services firms, subcontractors and suppliers
   Understanding your project delivery system: design-bid-build, 
      design-build, construction manager, construction manager-at-risk
   Using standard or custom contract documents: AIA, ConsensusDocs, others
   Understanding key contract concepts and terms: 
      performance, breach, warranties, guarantees, indemnity, damages
   Modifying contracts and selecting dispute resolution mechanisms


Making Changes and Resolving Disputes 
during the Construction Process
T. DeHaut

   Making changes to the contract and contracted work
      • Types of changes: ordered and constructive changes
      • The contract change clause
      • Requirements for making changes
      • Liability issues
   Solving problems during the construction process
   Site conditions 
      • Delays
   Disruption 
      • Acceleration
   Accidents


Handling Ethical Issues in Construction, Part
W. Jackowski

   Avoiding ethical issues during the bidding process
      • Gifts, favors and the appearance of impropriety
   Your duties to your employer, the project owner, and other project participants
   Adopting practices that minimize ethics issues


Handling Ethical Issues in Construction, Part 2 
W. Jackowski

   Legal and ethical issues in construction practice and disputes
      • Group scenarios with real implications
   The ethics of safety: fulfilling duties to employees and the public
   Incorporating environmental ethics and sustainability into construction 
      and development projects

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

Professional Engineers
     7.0 CPC Credits/PDHs
           (2.0 Ethics Hours)

Architects
     7.0 HSW Continuing Ed. 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 up to 7.0 CPC credits/PDHs, including up to 2.0 ethics hours, to professional engineers and 7.0 HSW continuing education hours to architects in New Jersey. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700).

This event has been approved by the American Institute of Architects for 7.0 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 (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 contractors; it has not been approved in any state that has a 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:

Todd A. Bakal

Todd A. Bakal

Member, Bakal Law PLLC

Mr. Bakal has helped people with their business and personal legal needs for more than 25 years. During that time, he has focused his practice in the areas of construction, environmental, and general commercial litigation as well as insurance coverage disputes. Outside of the courtroom, Mr. Bakal helps individuals and business owners with real estate, business formation and succession, regulatory work, and trust and estate planning and administration issues. He is a graduate of the University of Michigan, where he double-majored in Philosophy and Computer Science. Mr. Bakal then attended George Washington University Law School. Prior to practicing law, he founded RBI Software, Inc., which specialized in the development of commercial vertical market applications. This led to his involvement in and passion for cutting-edge computer and internet legal issues. Mr. Bakal is a member of the New York State Bar Association, the New Jersey State Bar Association, the Westchester County Bar Association, and the New York City Bar Association (where he has served on the Construction Law and Computer Law Committees). He is admitted to the New York and New Jersey bars.

Timothy DeHaut

Shareholder, Giordano, Halleran & Ciesla, P.C.

Mr. DeHaut serves as co-chair of the Construction Law & Litigation departments at Giordano, Halleran & Ciesla, P.C. where he maintains a broad-based transactional and commercial litigation practice in New York City and New Jersey. He regularly represents real estate developers, owners, lenders, designers, contractors, subcontractors, and vendors throughout all stages of development – from acquisition, design, and financing to construction, occupancy, and sale. Mr. DeHaut’s transactional practice includes the drafting of construction and design contracts, purchase and sale agreements, loan documents, and related development documents. His practice also includes providing advice on sustainable development, energy efficiency, co-generation; solar facilities, and related incentives. In addition to transactional work, Mr. DeHaut represents clients in litigation, arbitration, and mediation. He advocates for clients in a wide variety of complex commercial disputes, with particular focus on troubled construction projects with the goal of helping clients achieve their objectives in the most efficient, practical, and cost-effective manner. He has assisted in the resolution of cases ranging from a few thousand dollars to hundreds of millions and has significant experience in troubleshooting issues with a hands-on, result-oriented approach.

Joseph R. Haftek, Jr.

Partner, Schenck, Price, Smith, & King LLP

Mr. Haftek joined Schenck, Price, Smith & King in 2014 and has represented developers, general contractors, subcontractors, suppliers, construction professionals, design professionals and businesses in both state and federal courts. He has experience in handling all aspects of litigation, including prosecution and defense of bid protests, affirmative and construction lien claims; negotiating, drafting and reviewing contracts; collection services; public and school bid protest and contract law issues; and providing general legal advice and guidance for each phase of the construction process. In addition to being co-chair of the Firm’s Construction Law Practice Group, where he heads the Bid Protest Team, Mr. Haftek is a member of the School Law Practice Group. He was selected to the 2016-2019 New Jersey Super Lawyers® list and to the 2014 New Jersey Rising Stars® list, featured in New Jersey Monthly magazine, in the field of Construction Litigation. In 2018 and 2019, he was included on the list of Morris/Essex Health & Life Magazine’s “Top Lawyers” in Construction. Mr. Haftek is also a very active participant in the NJSBA Construction Law Section, and currently serves as the chairman of the Section. Mr. Haftek’s knowledge and experience have also been recognized with opportunities as a lecturer to both lawyers and construction industry professionals on topics ranging from construction contracts to public bidding and bid protests.

Wojciech ‘Voytek’ Jackowski

Principal, Offit Kurman P.A.

Mr. Jackowski’s practice focuses on commercial and corporate dispute resolution with an emphasis on achieving rational business solutions or cost-effective judicial resolutions of such disputes. In addition to appearing in federal and state courts and before arbitration panels and administrative panels domestically, Mr. Jackowski has experience in international aspects of litigation. He has represented entities and individuals in cases involving trade and contract disputes, property loss claims, bankruptcy proceedings, construction issues, commodities and derivatives matters, white-collar crime, personal injury, and claims raising questions under federal labor law. He also advises clients on international facets of litigation and dispute resolution, as well as criminal and civil facets of various international income reporting obligations. Mr. Jackowski has extensive experience with disputes involving real estate, construction contracts, design and construction defects, and the representation of various real estate industry stakeholders in mediations, arbitrations, trials and appeals. In his practice, he applies his litigation experience in advising clients and provides value added services in structuring business, financial and legal terms for his clients. Mr. Jackowski is a frequent speaker at seminars focusing on risk management and contracting in the construction industry for design professionals, owners/developers and attorneys.

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: Construction Law and Ethics

Delivery Method: Live

Course Description: This 7.0 hour live lecture presentation examines how bonds and insurance protect the project and owner, effective construction contracting, making changes and resolving disputes during the construction process, and identifying and avoiding ethical pitfalls in construction.

Learning Objectives:

Learning Objective 1:
Learners will be able to identify and obtain necessary insurance and bonds to protect the project and the owner throughout the construction process.

Learning Objective 2:
Learners will be able to determine the best project delivery system for clients, utilize and understand the appropriate construction documents, make changes and resolve disputes, and explain the legal rights and duties of all project participants, in order to assure a satisfactory and completed project.

Learning Objective 3:
Learners will be able to avoid common ethical pitfalls in construction, including ethical issues during the bidding process, gifts, favors and the appearance of impropriety, failing on duties to the project owner and other project participants.

Learning Objective 4:
Learners will be able to identify and avoid ethical scenarios involving safety risks to employees and the public, and they will be able to incorporate environmental and sustainable practices into their construction projects.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Familiarity with construction contracting.

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 05/13/2022

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.