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Presenter: Catherine A. Bednar and 6 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:

Due to health and safety concerns regarding the COVID-19 virus, this seminar is now being offered as an online webinar.
Follow this link for registration: https://www.halfmoonseminars.org/seminars/133354/managing-engineering-liability-and-risk-seminar/online



Managing Risk in the Practice of Engineering 
D. Fine

   Identifying engineering risks
   Reviewing consequences of potential risks
   Understanding principles of risk management
   Complying with professional and ethical standards
   Identifying strategies to minimize engineering risk and maximize positive results


Understanding How Contracts Can Shift, Reduce or Increase Risk 
K. Sherman

   An overview of contract law and key concepts
   Understanding contract formation and revision
   Recognizing liability exposure under contract
   Reviewing standard contract provisions and understanding their impact on risk
      • Guarantees, warranties, and indemnities
   Understanding consequences for delay, disruption, nonperformance, 
      inadequate performance
   Using contract terms to manage risk


Law of Engineering Malpractice 
C. Sweeney

   Reviewing the grounds for professional liability claims
   Identifying who can bring a claim
   Examining common sources of professional liability claims
   Reviewing defenses to liability claims
   Determining damages
   Participating in dispute resolution: arbitration, mediation, litigation
   Obtaining Insurance coverage for professional liability claims


Reducing Risk for Yourself, Your Company and Your Clients 
C. Bednar, T. McCraw

   Negotiating fair and understandable contract terms  
   Maintaining adequate documentation
   Implementing document retention policies and procedures
   Utilizing forms and standard documents
   Communicating with clients and other parties
   Implementing quality control practices
   Using alternative dispute resolution procedures


Managing Risk with General Liability  
and Professional Liability Insurance Coverage 
B. Dunlap, D. Slocum

   Coverage provided by general liability vs. professional liability policies
   Certificates of insurance and additional insureds
   Indemnities
   Assignment
   Insurance availability
   Insurance policies
   Warranties, guarantees and certifications
   Recognizing and responding to design professional claims

Credit Information:

Who Should Attend

  • Engineers

This seminar offers Massachusetts professional
engineers a six-hour continuing education opportunity.


Continuing Education Credit Information

This seminar is open to the public and offers a 6.0 continuing education opportunity to Massachusetts professional engineers. Continuing education is not presently mandatory for license maintenance in Massachusetts.

Professional engineers seeking continuing education credit in other some states will be able to apply the hours earned at this seminar, in some cases. Refer to specific state rules to determine eligibility.

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:

Catherine A. Bednar

Catherine A. Bednar is a partner in Freeman Mathis & Gary, LLP’s Boston office. She is a litigation attorney with extensive experience in both state and federal courts. Ms. Bednar has an active professional liability practice representing architects, engineers, OPMs, accountants, attorneys and other professionals in the defense of malpractice claims. She has defended design professionals against negligence claims arising from property damage; personal injury; alleged building code, zoning or other regulatory violations; and project cost overruns. She also represents clients in lawsuits involving contract disputes, state and federal environmental claims, premises liability actions and construction litigation.

Ben N. Dunlap

Ben N. Dunlap is a partner in Freeman Mathis & Gary, LLP’s, Boston office. He focuses his practice on complex civil litigation. Mr. Dunlap represents design and construction firms, lawyers, accountants, insurance companies, and other businesses in a wide variety of matters, including professional liability claims, commercial disputes, and insurance coverage matters. Mr. Dunlap has represented design and construction professionals in the defense of negligence and malpractice claims arising from property damage, personal injury, and alleged regulatory violations. He also advises clients on contract negotiations, risk management, and regulatory compliance.

David L. Fine

David L. Fine, a partner at Mirick, O’Connell, DeMallie & Lougee, LLP, 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 and 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.

Thomas K. McCraw

Thomas K. McCraw is a partner in Freeman Mathis & Gary, LLP’s, Boston office. He represents clients in federal and state courts, in both jury and nonjury cases; before arbitration panels; and in mediations in Massachusetts and New Hampshire. Mr. McCraw has extensive experience in the evaluation, analysis, and implementation of defenses to claims made against architects, engineers, and surveyors concerning construction projects that range from property boundary line determinations to large public and private construction projects.

Kenneth A. Sherman

Kenneth A. Sherman, Counsel at Robinson & Cole, LLP, is an experienced construction attorney with significant construction litigation and transactional experience. He assists project owners, developers, general contractors, construction managers, and sub-contractors in construction disputes. He also assists clients in the construction industry with contract drafting, negotiation, licensure, and entity formation. Mr. Sherman has experience with a variety of matters, including breach of contract disputes, surety and bond claims, Miller Act claims, mechanic’s lien recovery and defense actions, delay and time impact claims, and construction defect disputes. He is a charter member of the Development and Construction Practice Group Section of the Massachusetts Bar Association and was named by Super Lawyers to the 2018 and 2019 Massachusetts Rising Stars for Construction.

David A. Slocum

David A. Slocum is a partner in Freeman Mathis & Gary, LLP’s, Boston office. He represents individual and institutional clients in a variety of civil litigation matters including primarily professional liability, commercial construction, insurance coverage, partnership disputes, and various contract, tort, fiduciary duty, and misrepresentation-based claims. Mr. Slocum has an active professional liability practice representing engineers, architects, attorneys, accountants, real estate agents and other professionals in the defense of claims for alleged professional negligence, breach of contract, and extra-contractual liability.

Christopher K. Sweeney

Christopher K. Sweeney, an associate at Conn Kavanaugh Rosenthal Peisch & Ford LLP, joined the firm’s litigation department in 2012 and regularly handles matters involving commercial litigation, construction law, employment disputes, and professional liability. He has extensive experience representing clients before state and federal courts of appeals. He was selected as a “Rising Star” by the publishers of Boston Magazine in 2015-2018. During law school, Mr. Sweeney was an editor of the Suffolk University Law Review. He also was the winner of the Justice Tom C. Clark Appellate Advocacy Competition.

Tuition Costs:

Standard Tuition: $299.00
Online Tuition (pre-registration): $299.00
Group Prices
3 or more people each: $279.00

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