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Presenter: W. Matthew Bryant and 2 more

Seminar Date:

Seminar Location: Online

Register Now * Coordinator Registration Not Available.

Agenda:

Advanced Construction Contracts: Drafting, Negotiation and Dispute Resolution
Monday, July 27, 2020 | 10:30 AM – 3:00 PM CDT

Handling Construction Contract Issues Related to COVID-19
Jason N. Smith

   Understanding how COVID-19 has impacted the construction industry
   Dealing with delays, work stoppages and other
      performance disruptions
   Defining “excusable delays” in light of COVID-19
   Examining force majeure contract language
   Temporary suspensions of contracts
   Issues with claims and adjustments
   Insurance considerations
   Best practices to manage risk beyond the pandemic


Managing Risk in Construction and Design Contracts
W. Matthew Bryant

   Fundamental risk management concepts
   Contract provisions AEC professionals must know
      • Limitation of liability
      • Indemnification
      • Insurance considerations
      • Waiver of subrogation
      • Jobsite safety
      • Differing site conditions
      • Delay damages clause
      • Warranties
      • Payment provisions
      • Dispute resolution mechanism
      • Termination/breach
   Modifying standard form contracts
   Contract negotiation techniques and strategies
   Preventing unfair or one-sided contracts
   Legal case studies: the law of construction contract interpretation


Resolving Construction Disputes
Michael E. Wagner, Jr.

   Types of disputes and causes of conflicts on construction projects
   Techniques to reduce the possibility of disputes
   Contractual mechanisms for dispute resolution
   Risks and benefits of various dispute resolution forums
      • Negotiation
      • Mediation
      • Arbitration
      • Litigation
      • Alternative Dispute Resolution (ADR)
   Best practices to achieve desirable outcomes
   Dispute resolution case studies



Webinar Instructions

Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.


Certificates of completion will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.


Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements: 
Windows 7 - 10 or Mac OSX Mavericks (10.9) - macOS Catalina (10.15)


Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled


Internet connection:
 Minimum of 1Mbps       Hardware: 2GB RAM or more


For more information, visit the Support section at www.gotowebinar.com

Credit Information:

Who Should Attend

  • Architects
  • Engineers
  • Contractors

Professional Engineers:
     4.0 PDHs

Architects:
     4.0 CE Hours
     4.0 AIA LU|Elective



Continuing Education Credit Information

Individual courses for engineers and architects are not subject to pre-approval. HalfMoon Education does not apply for landscape courses in FL, NC, and NJ or land surveyor courses in FL, KS, NJ, TN and TX, unless expressly stated.

HalfMoon Education Certifying Entities
   American Institute of Architects Continuing Education System (No. J885) International Code Council (No. 1232)
   Landscape Architect Continuing Education System
   American Institute of Certified Planners (APA)
   Boards of Engineering: Florida (No. 0004647), Indiana (License No. CE21700059), Maryland,
     New Jersey (Approval No. 24GP00000700), North Carolina (No. S-0130), and North Dakota.
   Course-by-Course Providers: Association of State Floodplain Managers

HalfMoon Education is deemed a New York-approved continuing education provider for engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i) (2)). NY landscape architects: §79-1.5(i)(2).

Speakers:

W. Matthew Bryant

Partner with Saul, Ewing, Arnstein & Lehr, LLP

Mr. Bryant focuses his practice on construction and commercial litigation. He has represented owners, architects, engineers, contractors, and subcontractors in lawsuits relating to construction defects, mechanics liens, bond claims, delay claims, change order disputes and fraud. Mr. Bryant has represented condominium developers, condominium associations, and unit owners in litigation matters including defense and prosecution of claims alleging violation of state condominium statutes, failure to adequately manage condominium finances, and breach of fiduciary duty claims. He has defended design professionals against claims of professional negligence. Mr. Bryant has also represented businesses in commercial disputes, including issues of corporate ownership and control, breach of fiduciary duty, and non-competition agreements.

Jason N. Smith

Partner at Seyfarth Shaw LLP, Washington D.C.

Mr. Smith is Co-Chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. During the course of a project, Mr. Smith regularly assists clients with resolving design and construction issues to allow for project completion while preserving their rights. When disputes cannot be amicably resolved, Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics' liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.

Michael E. Wagner, Jr.

Associate at Seyfarth Shaw LLP, Washington, D.C.

Mr. Wagner represents owners, developers, design professionals, general contractors, and subcontractors in complex construction, design, and surety-related disputes on both public and private projects throughout the United States and abroad. He offers a unique perspective to the practice of construction and government contracts law. Prior to becoming an attorney, he worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy-civil, highways, utilities, and other public infrastructure work. He also gained substantive experience working for an electrical subcontractor. As a result, he has hands-on experience and an intimate knowledge of the industry and the challenges that clients face. When disputes arise, he knows how to solve them. Mr. Wagner maintains a diverse practice as a litigator, having represented clients in state and federal courts, before the US Court of Federal Claims and Boards of Contract Appeals, and in multiple alternative dispute resolution proceedings, including mediation and arbitration.

Tuition Costs:

Standard Tuition: $199.00
Online Tuition (pre-registration): $199.00

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: Advanced Construction Contracts: Crisis Response, Risk Management, and Dispute Resolution

Delivery Method: Live Online

Course Description: This course examines construction contract issues related to COVID-19, risk management contract provisions essential to design and construction professionals, and managing/resolving construction disputes through contractual mechanisms.

Learning Objectives:

Learning Objective 1:
Learners will be able to describe the COVID-19 pandemic has impacted the construction industry, including how delays and work stoppages have prevented design and construction professionals from meeting their contractual obligations.

Learning Objective 2:
Learners will be able to apply best practices learned from the pandemic to better manage risk in the future.

Learning Objective 3:
Learners will be able to identify and explain contractual provisions architects, engineers and contractors must know to manage risk

Learning Objective 4:
Learners will be able to discuss the importance of preventing unfair or one-sided contracts that benefit any stakeholders in a construction project.

Learning Objective 5:
Learners will be able to describe the types and causes of disputes that are common to construction projects, identify techniques that can reduce the possibility of disputes, and explain the risks and benefits of various dispute resolution forums.

LUs: 4.0                                                                                              LU Type: LU|Elective

Prerequisites: Experience with construction contracts and project management

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 05/06/2023

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.