Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 12:30 pm

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

Afternoon Session:             1:30 – 5:00 pm

Understanding Construction Contract Essentials
P. McNamara, B. Haefele

   Examining contract terminology: parties, consideration, term, performance, substantial performance, breach, remedies, damages
   Studying roles and relationships of project participants: owners, architects/engineers, construction managers, contractors, subs and suppliers
   Understanding the project delivery system: traditional design-bid-build, design-build, construction manager at risk, multiple prime contractor, owner          control
   Understanding types of construction contracts: lump sum, cost plus, time and materials, unit pricing
   Exploring the law of construction contract interpretation

Reviewing Bidding Documents
P. McNamara, B. Haefele

   Invitation
   Bid form
   Instructions
   Bid bond
   Information
   Addenda

Reviewing Project Documents
P. McNamara, B. Haefele

   Use of standard forms or custom documents 
   Agreement
   Performance bond
   Payment bond
   Contract conditions (general and supplementary)
   Specifications (Format, CSI 1995 and 2004)
   Shop drawings
   Contract modifications (change orders, directives, etc.)

Understanding Issues in Contract Administration
D. Steinberg, M. Middleton

   Insurance and indemnity issues
   Subcontracts/Flow down provisions
   Bonds
   Changes and change orders
   Payments
   Substantial and final completion
   Mechanic’s Liens/Stop Notices

Examining Legal Issues and Contract Disputes
T. Boeck

   Changed conditions
   Project documentation
   Delays, acceleration
   Handling payment claims and final payments
   Resolving disputes through mediation, arbitration, litigation
   Understanding contractual and statutory warranties

Handling Ethical Issues in Construction Contracting
T. Boeck

   Promoting impartial, merit-based award of construction contracts
   Ensuring honesty, integrity, fair-dealing and quality assurance
   Creating a system of internal practices promoting contract compliance and ethical practices

Credits

Architects
   7.0 HSW Continuing Ed. Hours*
   7.0 AIA HSW Learning Units

Professional Engineers
   7.0 PDHs

Contractors
   Non-Credit Continuing Ed.

*does not qualify for California accessibility requirement

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 HSW continuing education hours to architects 7.0 PDHs to professional engineers in all states with continuing education requirements, excluding Florida architects. This seminar doesnot qualify for California’s mandated accessibility continuing education requirement.

This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885).  Only full attendance can be reported to the AIA/CES.

HalfMoon Education is deemed an approved architect continuing education sponsor in New York.  HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Louisiana, Maryland, New Jersey, New York (NYSEDSponsor No. 35), North Carolina, and North Dakota.

This course also offers a non-credit continuing education opportunity for construction contractors.  Credit approval is not being sought in any state with 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

Tamara L. Boeck

Partner, Stoel Rives LLP

From “concept through completion” or “dirt to done,” clients have come to rely on Tami Boeck for her pragmatic business approach and 30 years of experience representing a wide variety of clients in all areas of project development. Tami routinely advises owners, developers, and general contractors, primarily in California, Idaho, and Nevada. Whether it is advising clients regarding development insurance risks and coverage disputes, pre-project and project contracting risk management (RM) advice relating to project design and development or construction, or dispute resolution in ADR or litigation, she approaches each matter with a focus on the client’s goal and best interests, utilizing a broad range of practical knowledge for her client’s benefit in mitigating disputes or representing clients in litigation where necessary. Tami’s early background representing insurers in coverage claims has also served her policy-holder clients well regarding project protection and in coverage analysis or disputes. Clients retain Tami for advice on wide-ranging projects, including commercial, all types of residential and mixed-use projects, food processing facilities, as well as construction-related aspects of energy-related developments such as oil and gas, mining, solar, wind, geothermal, biofuel, wastewater treatment, along with other industrial facility development. In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts with risk management processes, she handles construction claims and disputes to resolution, through negotiation and mediation to litigation or arbitration. Tami’s advice for clients also encompasses recommendations and handling of significant business conflicts, addressing project delays, disputes over workmanship and performance deficiency claims, as well as those matters involving various state licensing/lien/bond laws, insurance coverage disagreements with insurers, and claims involving toxic tort, product liability, and catastrophic injuries. With her depth of experience, Tami is able to assist and protect her clients when a pragmatic business resolution is not available. Tami previously served for five years as chair of the firm’s Real Estate, Development & Construction group. For many years, she also served as a member of Stoel Rives’ Pro Bono Committee and Coaching and Mentoring Committee. Before joining Stoel Rives, Tami was a shareholder for eight years at another West Coast regional law firm. She was also one of the founders of that firm’s California offices and its subsequent Nevada offices and served as shareholder-in-charge of its former primary California office.

Patrick Mcnamara

Shareholder with Porter Law Group, Inc. in SacramentoMr. McNamara brings 19 years of experience as an attorney and 29 years of experience in real estate and construction tohis practice.  His construction experience includes field and officeengineer positions with large contractor companies such as BeckCompany, Hensel Phelps Construction and Bechtel Asia.  Mr. McNamara is also a California-licensed real estate broker.  Mr. McNamara’s construction practice includes contract drafting and negotiation and dispute resolution on private and publicsector projects.  His clients consist of general contractors, specialty contractors, design/builders, material suppliers, developers, owners, buyers and sellers.  Types of disputes include contract breach, contractor and owner termination, project changes and delays, payment, design errors and omissions, construction defects, subcontractor disputes, seller disclosure, and insurance matters.  Since2001, Mr. McNamara has taught the construction law course for the Sacramento State Construction Management program.

Michael Middleton

Shareholder with Trainor Fairbrook in SacramentoMr. Middleton is a senior construction attorney and shareholderin Trainor Fairbrook’s Construction Litigation Department. His background as an attorney embraces a broad practice of representing clients in the areas of construction, business and employment law.  Mr. Middleton has over two decades of experience in civil litigation and alternative dispute resolution, and he has successfully participated in numerous jury trials, administrative hearings, binding arbitrations and mediations of construction, employment and contract disputes. His practice emphasizes all aspects of the construction industry, including construction defect actions, the review and resolution of construction claims and construction-related litigation in state and federal courts throughout California.  Mr. Middleton is the 2018 chair of the Construction Law Section of the Sacramento County Bar Association. He is a Judge Pro Tem for El Dorado County and also acts as a private mediator and arbitrator in a variety of construction and employment matters.

Brittany Rupley

Porter Law Group, Inc

Shareholder with Porter Law Group, Inc. in SacramentoMs. Haefele’s practice focuses primarily on litigation, arbitration and mediation in the areas of construction law, surety, real estate, employment and union disputes.  She also represents her clients inbusiness transactions, entity formation/governance and intellectual property matters.  Ms. Haefel’s prior experience includes the defense of insurance companies, employers and third-party administrators inworkers’ compensation matters.  She serves on the Board of Directors for the Sacramento Chapter of Associated Subcontractors Alliance and is a member of the legal counsel committee for Sacramento Regional Builders Exchange.  Ms. Haefele also serves on the dispute resolution panel for the Superior Court of California, County of El Dorado, and is a member of the Association of Defense Counsel of Northern California and Nevada.

Daniel Steinberg

Trainor Fairbrook

Shareholder with Trainor Fairbrook in SacramentoMr. Steinberg is the chair of the firm’s Construction Department.  His practice focuses on construction and real property matters, including negotiation and preparation of construction documents and litigation of contract disputes, construction defect issues, mechanic’s liens, lease disputes, rent actions and ADA defensematters.  Mr. Steinberg has extensive experience in the representation of developers, land owners, contractors, subcontractors and design professionals who seek guidance on construction projects and the resolution of claims that may arise before, during or after their project.  His extensive construction background, and previous work in the construction industry, has contributed to his successful representation of Sacramento’s most prominent developers.  Mr. Steinberg is the chair of the Sacramento County Bar Association Construction Section.  Mr. Steinberg was the 2017 President of the Construction Law Section of the Sacramento County Bar Association and is serving as its Secretary for 2018.

CD/Manual Price: $289.00

Currently, our self-study products DO NOT qualify for AIA, LACES, ASLA or CLARB credit.

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.

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