Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:45 am

Lunch (On your own):       11:45 am – 12:45 pm

Afternoon Session:           12:45 – 5:30 pm

Understanding How Contracts Can Reduce (or Increase) Risk
C. Stacy

   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
K. Williams

   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

Adopting Professional Practices that Protect Your Clients and Manage your Risk
K. Pratt

   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

Minimizing Liability Risk by Maximizing Compliance with the Rules of Professional Conduct
J. Stuckey

   Complying with rules of professional conduct
      • Objectivity and truthfulness
      • Competency
      • Confidentiality
   Preventing conflicts of interest
   Discussion of ethics hypotheticals/case studies
   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
   Reviewing ethics case studies and hypotheticals

Managing Risk with General Liability and Professional Liability Insurance Coverage
K. Pratt

   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

Credits

Continuing Education Credit Information

This seminar is open to the public and offers 7.5 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval in Texas.

Professional engineers seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most 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

Kevin Pratt

USI Southwest

Practice Leader with USI Southwest in HoustonMr. Pratt is a specialist in professional liability and risk management services to architects and engineers in a variety of disciplines. He is USI’s current Architects & Engineers Division Leader in Houston. In Texas alone USI currently represents more than 700 design firms. Mr. Pratt holds a degree in Business/Information Systems and has more than 16 years of project management and sales experience.

Christopher Stacy

DuBois, Bryant & Campbell

DuBois Bryant & Campbell, Austin
Mr. Stacy is a partner at DuBois Bryant & Campbell and has over 15 year of experience, and he brings an extensive construction background to his practice as an attorney. Before entering law school, he obtained a degree in Architectural Engineering from the University of Texas and spent several years working in the construction industry on interstate highway, oilfield, water, wastewater and corrections projects in Texas, Wyoming, Utah and New Mexico. Mr. Stacy’s practice is divided between drafting and negotiating complex design and construction contracts and litigating disputes that arise in the construction industry.

Joe W. Stuckey, JD, LLM, PE, RPLS

Attorney at Law in Rosharon

Mr. Stuckey practices primarily in corporate, real estate, and environmental law, including transactional work and litigation. He has a B.S. degree in Civil Engineering from Texas A&M University and J.D. and L.L.M. degrees from the University of Houston Law Center. Mr. Stuckey is admitted to the practice of law in all Texas courts, the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Claims Court. He is also licensed in Texas as a professional engineer and a registered public land surveyor.

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