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

Examining contract terminology
A.J. Manion

   Parties, consideration, term, performance, substantial performance, breach, remedies, damages
   Understanding types of construction contracts:
      • Stipulated sum
      • Cost plus fee
      • Design build
      • Construction management
   Understanding roles and relationships of project participants:
      • Owners, architects/engineers, construction managers, contractors, subs and suppliers
   Contract negotiation and drafting
   Exploring the law of construction contract interpretation

Overview of AIA Contract Documents
Jean Terry, Daniel Fuchs

   A101-2017 Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)
   A102-2017 Standard Form of Agreement Between Owner and Contractor (Cost Plus Fee with GMP)
   B101 – 2017 Standard Form of Agreement Between Owner and Architect
   A133-2009 Standard Form of Agreement Between Owner and Construction Manager Where Construction Manager is also Constructor
   A141 – 2014 Standard Form of Agreement Between Owner and Design Builder
   A401 – 2017 Standard Form of Agreement Between Contractor and Subcontractor
   A105-2017 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project
   A107-2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope
   B105-2017 Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project
   The “SP” Series for Sustainable Projects
   AIA Contract Documents for Digital Practice
   C401 – 2017 Standard Form of Agreement Between Architect and Consultant

Review of Insurance and New Insurance Exhibit
Tony Fehrenbacher

   A105-2017 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project
   A107-2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope
   B105-2017 Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project
   The “SP” Series for Sustainable Projects
   AIA Contract Documents for Digital Practice

AIA A201: General Conditions
A.J. Manion, Jean Terry, Daniel Fuchs

   Overview of new updates to AIA documents
   General provisions
   Project participants: owner, contractor, architect, engineer, subcontractors
   Changes in the work
   Time, payments and completion
   Protection of persons and property, insurance and bonds
   Defects in and correction of work
   Miscellaneous provisions
   Termination, suspension, claims and disputes

Case Study: Reviewing Completed Contract Documents for a Sample Project
A.J. Manion, Tony Fehrenbacher, and Daniel Fuchs

Credits

Architects
     7.0 HSW CEHs
     7.0 AIA Learning Units

Professional Engineers
     7.0 PDHs

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 HSW continuing education hours to architects and 7.0 PDHs to professional engineers in all states, except Florida architects. Educators and courses are not subject to preapproval in Kentucky.

This event is approved by the American Institute of Architects Continuing Education System for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported tothe 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, Indiana, Louisiana, Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.

This seminar offers a non-credit continuing education opportunity to construction contractors. It is not approved by any state licensing entity for contractor continuing education credit.

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

Tony Fehrenbacher

Partner at Manion Stigger, LLP, in Evansville, IN
Mr. Fehrenbacher is an attorney with first-hand experience working in industrial construction settings. He uses his background in construction and over a decade of experience representing prime contractors, subcontractors and suppliers in arbitrations and jury and bench trials before state and federal courts. His experience includes prosecuting and defending multi-million dollar payment (lien, verified claims, owner personal liability, and bonds) and performance-related claims, and successfully challenging improprieties in public project bid processes. He has received formal OSHA training and certification which he implements in advising contractors concerning safety inspections and in formal proceedings before state OSHA entities. Mr. Fehrenbacher is also a certified construction insurance and risk specialist (CRIS) by the International Risk Management Institute, Inc. (IRMI). He understands the legal intricacies of insurance coverages available to construction contractors, including, but not limited to, form policies (including ISO GL and property coverage forms and endorsements) and insurer-specific builders risk policies and their respective applications in construction project contexts. He frequently represents construction contractors in complex liability insurance coverage disputes.

Danny Fuchs

Partner at Manion Stigger, LLP 

Mr. Fuchs is a partner in Manion Stigger, LLP. He has extensive experience in construction supporting general contractors, specialty subcontractors, owners, suppliers and design professionals on construction of power generation plants, petrochemical facilities, paper mills, food processing plants, governmental buildings, healthcare, hospitality, commercial and multifamily facilities across the country. Mr. Fuchs was educated as a civil engineer and leans heavily on his years of experience on site as a project engineer, manager, and estimator for a regional industrial contractor to provide practical advice and meaningful analysis. He has drafted and negotiated contracts to facilitate project delivery through design-bid-build, design-build, EPC agreements, construction management at-risk and as-advisor, and fast-tracked construction methods. He has successfully resolved disputes through litigation, arbitration, and mediation in cases involving scheduling problems, acceleration, delays, defective construction, defective design, termination, and bond claims. 

A.J. Manion

Co-Founder of Manion Stigger, LLP in Evansville, IN

Mr. Manion is Co-founder of Manion Stigger, LLP, a law practice devoted to representing and advising construction professionals. Prior to his legal career, Mr. Manion. was educated as an engineer and worked in project management for an ENR 100 contractor. Before Manion Stigger, he was part of the national construction practice of an AMLAW 200 firm and a law clerk in the United States District Court. His three decades’ experience in construction includes prosecuting and defending large payment claims in a variety of construction contexts, drafting and negotiating hundreds of construction-related transactions, and working closely with clients to manage operational risk. Mr. Manion brings to each task the combined lessons of an engineering education, MBA education, project management background, experiences as an advocate. Manion Stigger represents general contractors, construction managers, design-builders, and specialty contractors throughout the United States. 

Jean M. Terry

Partner at Manion Stigger, LLP

Jean M. Terry is a Partner at Manion Stigger, LLP, in Louisville, KY. Prior to attending law school, she was employed as a civil engineer in Nashville, Tennessee. She contributed to the erosion prevention and sediment control chapter of the Tennessee Department of Transportation’s Drainage Manual, and implemented these measures on multiple construction sites. She also worked on several county bridge and state roadway projects throughout Tennessee. Ms. Terry is certified in the fundamentals of erosion prevention and sediment control by the Tennessee Department of Environment and Conservation. Her work as a civil engineer, combined with her practice in construction law and civil litigation, have provided her with invaluable experience in the management and design aspects of large-scale construction, as well as the legal issues that affect these projects. She applies this experience in her current representation of a variety of construction professionals in all phases of project construction, from contract formation through litigation.