Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 12:15 pm

Lunch (On your own):         12:15 – 1:15 pm

Afternoon Session:             1:15 – 5:00 pm

Contract Law Primer for Engineers 
J. Garceau

    Reviewing the necessary elements of any contract
   Understanding contract “legalese”
      • Determining performance
      • What constitutes a breach of contract?
      • What are damages and remedies?
      • Liability-shifting contract provisions: warranties, guarantees and indemnities
      • Making changes to contracts

Professional Liability Law 
D. Draper

   Standard of care – measuring stick for liability
   Who can assert claims for professional negligence
   Common sources of professional liability claims
   Defenses to liability claims
   Determining damages
   Resolving claims – mediation, arbitration, litigation

Professional and General Liability Insurance for Engineers 
P. Whitt
    Understanding business insurance coverage: 
      general liability vs. professional liability policies
   Additional insureds: obtaining certificates of insurance
   Understanding insurance policies:
      • Indemnities
      • Assignment
      • Insurance availability
      • Warranties, guaranteEs and certifications
      • Recognizing and responding to claims
Understanding the Investigatory and Disciplinary Practices  
of the Tennessee Board of Architectural and Engineer Examiners 
J.W. Irvin

   Understanding the Board’s disciplinary powers
   Reviewing prohibited practices and grounds for disciplinary action
   Investigatory procedures
   Disciplinary hearings
   Administrative and other penalties and enforcement

Handling Ethical Issues in Professional Engineering Practice 
A. Rust

   Promoting health and welfare vs. managing risk: complementary 
      or conflicting duties?
   Protecting the environment: meeting or exceeding legal requirements
   Watching the bottom line: identifying and balancing economic pressures in
      design and construction
   Integrating new technologies: identifying and balancing the benefits and risks

Cyber Security Issues for Engineers 
J. Joy

   Cyber security threats and business exposure to data breaches
   Anatomy of a data breach or cyber-attack and the spectrum of possible responses
   Coverage that is available under cyber Insurance policies
   Examples of actual cyber events, with lessons learned from those events

Credits

Professional Engineers
7.0 HSW PDHs

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 HSW PDHs to professional engineers in Tennessee. Educators and courses are not subject to preapproval in Tennessee.

Professional engineers seeking continuing education credits in other states will be able to claim the hours earned at this seminar, in many cases. Refer to specific 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.Cancellations: Cancel at least 48 hours before the start of the seminar, and receive a full tuition refund, minus a $39 service charge for each registrant. Cancellations within 48 hours will receive a credit toward another seminar or the self-study package. You may also send another person to take your place.

Speakers

David A. Draper

Shareholder at Lewis Thomason

Mr. Draper is a Knoxville native and the senior shareholder in Lewis Thomason’s Knoxville construction law practice group. He is an AV-rated trial lawyer with broad experience in civil litigation, arbitration, and mediation. Prior to obtaining his law degree, he operated a paint contracting business and worked in commercial construction. His law practice is concentrated in construction defect litigation, professional liability defense, commercial disputes and insurance coverage disputes. His construction clients include owners, designers, industrial, commercial, utility, and residential general contractors, subcontractors and suppliers. He has successfully defended a broad range of licensed professionals, including architects and engineers, lawyers, health care providers, surveyors, and realtors. He also has extensive experience in insurance coverage disputes, much of it related to the construction industry. Mr. Draper has extensive arbitration experience and he serves as both an arbitrator and mediator. He is a Tennessee Supreme Court Rule 31 listed Civil Mediator. He is a founding member and past president (2015) of the Tennessee Association of Construction Counsel, and long-time member of the Steering Committee of the Construction Practice Group of ALFA International – a global legal network of premier law firms in which the firm is a member. In his law practice, he aspires to the example of his now retired father lawyer, Jack Draper, who counseled that a lawyer should always seek to leave no stone unturned, but to resolve, rather than perpetuate conflict wherever possible.

Jared Garceau

Lewis Thomason

Attorney at Lewis Thomason
Mr. Garceau is an associate in the firm’s Knoxville office practicing in the areas of business and commercial law, construction and general civil litigation. As a law student, he was a two-year member of the National Professional Responsibility Moot Court Team. Mr. Garceau also received the 2014 Chancellor’s Citation for Extraordinary Professional Promise as well as Certificates of Academic Excellence for receiving the top grade in Legal Process I, Civil Procedure II, Torts II, Legal Profession, Fundamental Concepts of Income Taxation, Constitutional Law, American Jurisprudence, Investigatory Criminal Procedure, Jurisprudence, Secured Transactions, Trial Practice, and Workers Compensation. He worked as a law clerk for the firm during the summers of 2012 and 2013.

J.W. Irvin

Lewis Thomason

Shareholder at Lewis Thomason
Mr. Irvin, shareholder, is in Lewis Thomason’s Nashville office, where he focuses his practice on construction law with an emphasis on the representation of architects and engineers against professional liability allegations. He also represents contractors in a wide variety of business matters, including contract negotiations, project administration, closeout, construction defect defense and payment disputes, including the assertion and enforcement of mechanics’ and materialmen’s liens and performance and payment bond claims. Additionally, Mr. Irvin advises contractors in administrative matters before the Tennessee Board for Licensing Contractors, the Tennessee Occupational Health and Safety Administration (TOSHA) and the Tennessee Department of Transportation (TDOT). He is a Tennessee Supreme Court Rule 31 listed civil mediator.

Justin Joy

Special Counsel at Lewis Thomason

Justin Joy leads Lewis Thomason’s cybersecurity practice group and is the firm’s privacy officer.  He provides counsel to clients in a variety of industries in the area of information privacy and cybersecurity including incident investigation and breach response management, regulatory compliance, privacy and security policy review and drafting, and cyber risk management. He speaks frequently to various groups and organizations on the topic of information privacy and cybersecurity. 

 

Adam Rust

Lewis Thomason

Special Counsel at Lewis Thomason
Mr. Rust serves as special counsel in the firm’s Knoxville office and focuses his practice primarily on civil litigation. He handles cases involving a wide range of individual and corporate clients, including the areas of employment law, transportation, construction and general tort litigation. Mr. Rust also spends a significant amount of his time representing businesses in commercial disputes. Additionally, he provides counsel to both private and public employers regarding a variety of employment matters. Mr. Rust has served as first chair counsel in jury trials before Tennessee state and federal courts, in addition to regular motion practice in both state and federal court.

W. Paul Whitt Esq.

Shareholder at Lewis Thomason

W. Paul Whitt Esq., a shareholder in the firm’s Knoxville office, practices in the areas of construction law and litigation, including professional liability defense of design professionals, such as engineers, architects and surveyors, as well as professional liability representation of accountants and lawyers. He also has significant experience in general civil litigation and in the representation of insurance carriers in first party actions brought by insureds related to coverage matters, claims of bad faith, insurance fraud and other extra-contractual matters.

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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