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Presenter: Brennan Block and 6 more

Seminar Date:

Seminar Location: Johnston, IA

Stoney Creek Hotel & Conference Center
5291 Stoney Creek Court
Johnston, IA 50131
Phone: 515-334-9000

This seminar is closed or full.

Agenda:

Registration:                        7:30 - 8:00 am

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

Lunch (On your own):         12:00 - 1:00 pm

Afternoon Session:             1:00 - 4:30 pm


Facilitating the Project with Effective Construction Contracting 
I. Johnson, B. Block

   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


Fundamentals of Iowa Mechanics Liens 
R. Gainer, J. Cutler

   Persons entitled to ML’s 
   Filing requirements  
   Where and how 
   Special requirements for residential construction
   Collecting once the lien is filed


Public Improvement Claims and Enforcement 
R. Gainer, J. Cutler

   State projects and requirements
   Federal projects and requirements
   Procedure for enforcement


Protecting the Project with Bonds and Insurance 
M. Kaufmann

   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 
K. Caster

   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


Reviewing Accessibility Standards and Compliance 
M. Merritt

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

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

Professional Engineers 
     7.0 PDHs

Architects
     Non-Credit in Iowa 
     7.0 AIA LU|Elective

Iowa Attorneys 
     7.0 CLE Hours

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 non-credit continuing education hours to architects in Iowa. Educators and courses are not subject to preapproval in Iowa and neighboring states.

This seminar is approved by the American Institute of Architects Continuing Education System for 7.0 LU|Elective (Sponsor No. J885). Only full attendance is reportable to the AIA/CES. Visit www.halfmoonseminars.orgfor complete AIA/CES information under this course listing.

Architects and engineers seeking continuing education credits in other states will be able to claim the hours earned at this event, in most cases. Refer to specific state rules to determine eligibility.

The Iowa Supreme Court Commission on CLE has approved this course for 7.0 CLE hours for attorneys.

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

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:

Brennan Block

Attorney at BrownWinick

Mr. Block is an associate attorney with BrownWinick and has a general business practice including, but not limited to, entity formation, corporate governance, contract drafting, mergers and acquisitions, securities, growth capital, startups, real estate, utilities and environmental law. He graduated from Creighton University’s Heider College of Business in 2016, where he received his B.S. degree, magna cum laude, in Business Administration and participated in the 3-3 Pre-Law program. In 2018, Mr. Block received his J.D. degree from the Creighton University School of Law, magna cum laude, with a Business Law Certificate. During law school, he was the research editor of the Creighton Law Review.

Kevin Caster

Attorney and Senior Vice President at Shuttleworth & Ingersoll

Mr. Caster’s law practice focuses on commercial litigation, and particularly on construction litigation. Many construction suits involve both claims about professional negligence and claims about the breach of construction contracts. Mr. Caster has written and spoken extensively on many construction law issues, including construction contract law, AIA contracts, implied warranties in construction contracts, economic loss doctrine, the standard of care for design professionals, and construction accidents. He is the author of the Iowa chapter of State-by-State Guide to Architect, Engineers and Contractor Licensing, second edition. He is an allied individual member of the American Institute of Architects and a member of the Cedar Rapids Home Builders Association.

John Cutler

Attorney at Cutler Law Firm

Mr. Cutler joined the Cutler Law Firm in January 2018 after practicing for nine years in Denver, Colorado. While practicing in Colorado, he focused in the areas of business litigation in multiple industries including banking, oil and gas, real estate, collections and others, as well as debtor/creditor and bankruptcy matters. Mr. Cutler has continued that practice at the Cutler Law Firm, and has joined in the Firm’s workers’ compensation practice.

Robert Gainer

Attorney at Cutler Law Firm

Mr. Gainer’s practice is a general litigation practice, focusing on bankruptcy and debtor-creditor law, financial insolvency issues (including foreclosure bank note defense and defense against actions by the IRS and Iowa agencies), and the defense of employers in workers compensation and civil defense matters throughout the state of Iowa. In his litigation practice, he frequently represents clients with contract disputes, issues with banks and lending institutions (including foreclosure and banknote defense), construction payment (including public and private actions through mechanics liens and public improvement bonds), fraud defenses, and collections work.

Ingrid Johnson

Attorney at BrownWinick

Ms. Johnson is an associate attorney with the BrownWinick law firm and has a general practice including, but not limited to, agribusiness, construction law, employment and labor law, fiduciary litigation, and workers’ compensation. Prior to joining BrownWinick, she was an associate attorney at Redfern, Mason, Larsen & Moore, PLC, in Cedar Falls, Iowa. Ms. Johnson graduated from Luther College in 2014, summa cum laude, receiving a B.A. degree in English and Political Science. She earned her J.D. degree from the University of Colorado Law School in 2018 and is a member of the Order of the Coif. Ms. Johnson is a member of the Black Hawk County, Polk County and Iowa State Bar Associations. She is also a member of the Polk County Women Attorneys. She serves as a member of Phi Beta Kappa academic honor society.

Michael Kaufmann

Attorney at Simmons Perrine Moyer Bergman

Mr. Kaufmann is a litigation attorney with a general practice encompassing business and commercial litigation, construction and design, insurance defense, and labor and employment litigation. He has experience assisting clients with a variety of issues, including construction defect and mechanic’s lien litigation, trade secrets and business torts, contract disputes, federal civil rights litigation, and insurance coverage disputes. As a current member of the Construction Law Section Council of the Iowa State Bar Association, Mr. Kaufmann stays abreast of legal issues facing Iowa’s construction industry.

Megan Merritt

Attorney at Shuttleworth & Ingersoll

Ms. Merritt is an associate attorney at Shuttleworth & Ingersoll, P.L.C. She tries cases to judges and juries in state and federal court, protecting the interests of her individual and business clients. Ms. Merritt has represented a broad range of individuals and businesses, including small businesses, large corporations, and insurance companies. She has also worked with city governments to craft and enact local ordinances, maintain compliance with state and federal laws, and create employee policies. Ms. Merritt received her J.D. degree from the University of Iowa College of Law and currently practices in Cedar Rapids, Iowa.

Tuition Costs:

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

Delivery Method: Live

Course Description: This 7.0 hour, live, lecture presentation examines effectiveconstruction contracting, mechanics liens, public improvemnet claims and enforcement, protecting the project with bonds and insurance, making changes and resolving disputes, and accessibility standards and compliance.

Learning Objectives: 

Learning Objective 1:
Learners will be able to explain how effective construction contracting can facilitate the relationship and understanding between the project designer and project owner so the latter gets the desired outcome with minimal conflicts, delays and changes.

Learning Objective 2:
Learners will be able to discuss how the project owner and their project is protected with construction bonds from financial loss due to the failure of contractors to complete the project or failure to meet contract terms.

Learning Objective 3:
Learners will be able to explain how project owner's interests are protected by proper insurance obtained by the contractors for general liability, builders risk, and errors and omissions.

Learning Objective 4:
Learners will be able to discuss how and why construction contracts may need modified, and they will be able to do so to facilitate the continuation or completion of the project.

Learning Objective 5:
Learners will be able to resolve problems that commonly occur during construction projects, such as changes in site conditions, disruptions, accidents and delays.

Learning Objective 6:
Learners will be able to determine which accessibility standards apply and when to specific projects, and they will be able to follow the appropriate path.

LUs: 7.0                                                                                              LU Type: LUs.

Prerequisites: Familiarity with construction contracting.

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 12/04/2022

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.