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Presenter: G. Douglas Kilday and 5 more

Seminar Date:

Seminar Location: Austin, TX

Hilton Garden Inn Downtown
500 North Interstate 35
Austin, TX 78701
Phone: 512-480-8181

Register Now * Coordinator Registration Not Available.

Agenda:

Registration:                        7:30 - 8:00 am

Morning Session:                8:00 am - 12:30 pm

Lunch (On your own):         12:30 - 1:30 pm

Afternoon Session:             1:30 - 5:30 pm


Facilitating the Project with Effective 
Construction Contracting
C. McMillan

   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


Protecting the Project with Bonds and Insurance 
M. Talley

   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


Making Changes and Resolving Disputes  
During the Construction Process
B. Wheatley

   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 
D. Kilday

   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


Ensuring Environmental Compliance  
During the Construction Process
A. Moorman

   Stormwater management 
   Erosion and sedimentation control
   Air quality preservation 
   Materials handling


Reviewing Accessibility Standards and Compliance 
J. Torkelson

   What standards apply and when?
   Federal standards
      • ADA Standards for Accessible Design 
      • Architectural Barriers Act
      • Fair Housing Accessibility Guidelines
   Texas Accessibility Standards

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

Professional Engineers
     8.0 PDHs (1.0 Ethics Hour)

Architects
     8.0 HSW CEPHs/CE Hours
          1.0 Accessibility Hour
          1.0 Sustainability Hour
     8.0 AIA LU|HSW

Contractors
     Non-Credit Continuing Ed.


Continuing Education Credit Information

This seminar is open to the public and offers 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers and 8.0 HSW CEPHs/continuing education hours, including 1.0 accessibility hour and 1.0 sustainable design hour, to Texas architects. Educators and courses are not subject to pre-approval in Texas.

The American Institute of Architects has approved this event for 8.0 LU|HSW (Sponsor No. J885). Only full attendance can be reported to the AIA/CES. Visit www.halfmoonseminars.org to view complete AIA information under this course listing.

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

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:

G. Douglas Kilday

Shareholder, Graves Dougherty Hearon & Moody, P.C.

Mr. Kilday is a trial lawyer with more than 25 years of experience handling complex business-related cases in a wide variety of areas, including contracts, real estate, construction, wind energy, oil & gas, fiduciary duties, and professional liability. He has tried cases for both plaintiffs and defendants, and has represented clients in both state and federal court and in arbitration proceedings.

Chris McMillan

Attorney, Benjamin, Vana, Martinez & Biggs, LLP

Mr. McMillan’s broad interdisciplinary construction practice spans all major industry segments including civil, architectural, structural and MEP design, construction defects, contract and payment disputes, and schedule disputes for owners, contractors, suppliers and design professionals. Mr. McMillan holds a B.S. degree in Construction Science from Texas A&M. He went on to work as a project manager for a commercial general contractor in Austin before attending St. Mary’s University School of Law. He graduated from St. Mary’s cum laude and is a LEED AP. Mr. McMillan practices law in both San Antonio and Austin, is a member of the Construction Law Section of both the San Antonio Bar Association and Austin Bar Association, and is a member of the Austin Young Lawyers Association.

Angela K. Moorman

Partner, Birch, Becker & Moorman, LLP

Ms. Moorman has practiced environmental and administrative law for over 20 years, assisting municipal, commercial, and industrial clients with permitting, compliance, and enforcement issues related to water quality, stormwater, municipal solid waste, and air quality. She represents clients before state and federal agencies, including the Texas Commission on Environmental Quality, the State Office of Administrative Hearings, and the U.S. Environmental Protection Agency, and she has been a frequent participant in TCEQ stakeholder groups for the development of agency rules and general permits. Ms. Moorman holds a BA in Political Science from the University of Oklahoma, a law degree from the Indiana University–Bloomington School of Law, and an MS degree in Environmental Science from the Indiana University–Bloomington School of Public and Environmental Affairs.

Matthew R. Talley

Associate, Munsch, Hardt, Kopf & Harr, P.C.

Mr. Talley represents owners (public and private), design professionals, general contractors, and subcon­tractors in construction-related transactional and litigation matters. His transactional practice focuses on drafting and negotiating complex construction contracts, professional service agreements, subcontracts, and purchase orders. In addition, he specializes in drafting and negotiating contractual insurance requirements for commercial real estate and construction projects. On the controversy side, Mr. Talley frequently works with his clients in the construction industry to develop strategies to resolve insurance coverage disputes and complex litigation matters in state court, as well as in arbitration.

John Rife Torkelson, RAS, CASp, APA ADA Specialist

Principal, TheACCESSpartnership, L.P.

Mr. Torkelson founded theACCESSpartnership, l.p. in 1997 to provide consulting services relating to accessibil­ity for the ADA, FHA and local building codes nationwide for architects, building owners and institutions. He is licensed with the State of Texas and California; is an Accessibility/Usability Specialist with the International Code Council; and is a recognized expert on Title III of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Mr. Torkelson is both a founding member and past president of the Accessibility Profession­als Association and a member of the Certified Access Specialist Institute.

Benton T. Wheatley

Partner, Duane Morris, LLP

Mr. Wheatley practices in the area of construction law with a focus on construction, design and engineering disputes and transactions. His practice has included: complex delay; impact; defective design; defective con­struction or differing site conditions claims involving mediation, litigation or arbitration; and problem project workouts, including negotiating with sureties and owners. He also has experience with the drafting and negotiation of complex construction, design and engineering contracts and environmental issues concerning construction projects. Mr. Wheatley is certified in Construction Law by the State Bar of Texas Board of Legal Specialization. He is a graduate of the University of Oklahoma College of Law and the University of North Carolina at Chapel Hill.

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 eight-hour live lecture presentation examines construction contracting, project and owner protection with bonds and insurance, dispute resolution, environmental compliance during construction, accessibility standards and compliance, and ethical standards in construction.

Learning Objectives: 

Learning Objective 1:
Learners will be able to explain how the construction contract identifies the rights and duties of all construction project participants (including owners), and learners will be able to identify the ways in which project quality and timeliness can be positively and adversely affected by contractual relationships between parties.

Learning Objective 2:
Learners will be able to comply with environmental regulations during the construction process that will prevent stormwater runoff, which when not managed often results in erosion and the transportation of pollutants into rivers and streams thereby threatening the ecosystems that reside in them. Compliance with indoor air quality standards during construction promotes the comfort and well-being of occupants by reducing dust and use of volatile organic compounds (VOCs).

Learning Objective 3:
Learners will be able to comply with federal and Texas accessibility standards that promote accessible access to structures for individuals with disabilities, including entry to and exit from buildings, access to all living space in buildings, and the use all facilities contained in them.

Learning Objective 4:
Learners will be able to identify and avoid ethical pitfalls that are common to construction activities, including conflicts of interest and impropriety, such as not disclosing shoddy workmanship of other contractors or subcontractors, gifts and favors that are granted for using substandard materials, or not being truthful with project owners.

LUs: 8.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Familiarity with construction contracting, accessibility standards, and environmental compliance.

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 06/21/2022

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.