Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 12:00 pm

Lunch (On your own):         12:00 – 1:00 pm

Afternoon Session:             1:00 – 5:00 pm

Examining Contract Terminology
Andrew Vicknair, Adrian D’Arcy

   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

The Primary AIA Contract Documents
Andrew Vicknair, Adrian D’Arcy

   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
   C401-2017 Standard Form of Agreement Between Architect and Consultant

AIA A201: General Conditions
Carys Arvidson, Stuart Richeson

   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

Supplemental or Alternate AIA Contract Documents
Michael Blackwell

   A105-2017 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project
   A107-2017 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

Case Study: Reviewing Completed Contract Documents for a Sample Project
Michael Blackwell

Credits

Architects
   7.0 HSW CEHs
   7.0 AIA HSW 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.  HalfMoon Education Inc. is an approved continuing education sponsor for Florida architects, and it intends to apply for course approval.  Architects seeking continuing education credit in Florida are encouraged to contact HalfMoon Education or visitwww.halfmoonseminars.org for the application/approvalstatus prior to registering for this course.

The American Institute of Architects has approved this event for 7.0 HSW Learning Units (Sponsor No. J885).  The Louisiana State Board of Architectural Examiners accepts programs approved by the American Institute of Architects.  Only full attendance can be reported to the AIA/CES.

HalfMoon Education is an approved continuing education provider for Louisiana engineers.

HalfMoon Education is deemed an approved continuing education sponsor for architects in New York.  HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Sponsor No. 0004647), Indiana, Maryland, New Jersey, New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.

This course offers a non-credit continuing education opportunity for construction contractors, but it is not approved in any state with a contractor continuing education requirement.

Speakers

Carys Arvidson

Phelps Dunbar, LLP

Associate at Phelps Dunbar, LLP, in New OrleansMs. Arvidson is an associate in the New Orleans office of the law firm of Phelps Dunbar, LP, in the construction litigation section for the firm.  Ms. Arvidson focuses her practice on construction matters, as well as business and commercial litigation, land use, telecommunications, and real estate and AIA contract document litigation.  She also has worked with complex commercial lease agreements and contract negotiations.  She received her B.A. degree in History from the University of California at Davis, and her J.D. degree from Tulane University.  Ms. Arvidson is admitted to practice before all courts in Louisiana and the United States District Courts in Louisiana, as well as the courts of the state of California.  She is a member of the American Bar Association Construction Forum, and is a member of the Louisiana State and California Bar Associations.

Michael S. Blackwell

Partner at Riess LeMieux in New Orleans, LA

Mr. Blackwell represents a variety of clients, ranging from general contractors, subcontractors, owners, developers, insurers, and sureties in construction and labor issues, to companies involved in sales, acquisitions, corporate governance matters, commercial disputes, and other challenges arising in the commercial arena. He has engaged in significant contract negotiation; corporate formation, structuring, and governance matters; sales and acquisitions of assets and ownership interests; contract negotiation and drafting; construction disputes involving delays, terminations for default, payment, asset seizure, fraud, labor and employment issues; and a variety of other disputes that arise during construction. Mr. Blackwell regularly lectures on matters affecting construction clients, on ethics and liability for engineers, and on changes in Louisiana construction law for construction managers. 

Adrian A. D’Arcy

Founding Partner of D’Arcy | Vicknair, L.L.C. in New Orleans, Louisiana

Mr. D’Arcy’s primary practice areas include commercial litigation, construction litigation which he litigates in federal and state courts, and in arbitrations. He is a proponent of resolving matters early in mediation and through alternative dispute resolution if possible so clients can focus on their companies and not on litigation. Additionally, Mr. D’Arcy crafts and reviews construction contracts so that clients are protected on the front end of projects. He has over 18 years of litigation experience. Mr. D’Arcy graduated cum laude from Loyola Law School and now teaches a Construction and Surety Law class there as an adjunct professor. He has also presented numerous lectures on construction and surety issues over the last 18 years and he continues to speak on these subjects on a regular basis. Mr. D’Arcy is licensed to practice law in all Louisiana State courts; the United States District Courts for the Eastern, Western and Middle Districts of Louisiana; the United States Fifth Circuit Court of Appeals; the United States Second Circuit Court of Appeals; the United States Court of Federal Claims; and other federal district courts across the country. 

Stuart G. Richeson

Associate at Phelps Dunbar, LLP

Mr. Richeson practices in the area of commercial litigation with an emphasis on construction, intellectual property and insurance defense litigation.  His cases have included commercial, industrial and residential construction disputes, a civil RICO claim involving a multi-million dollar insurance kick-back scheme, copyright and design patent litigation over Mardi Gras beads, utility patent litigation involving the heel design of running shoes, tax treatment of illegal slot machines, legal malpractice defense and insurance coverage disputes.  Mr. Richeson received his B.A. degree in Political Science, with honors, from Michigan State University and his law degree from Tulane University Law School.  He is licensed to practice in both Louisiana and Tennessee.

Andrew G. Vicknair

Founding Partner at D’Arcy | Vicknair, L.L.C. in New Orleans, Louisiana

Mr. Vicknair worked as a software engineer for a major medical manufacturer and as an electrical engineer for a major chemical manufacturer prior to entering law school. He graduated from Louisiana Tech University with a BS degree in both Electrical and Biomedical Engineering and obtained his law degree from Loyola Law School in New Orleans. Mr. Vicknair has taught Louisiana Construction Law at Loyola law school as an assistant adjunct professor. He is licensed to practice law in the states of Louisiana, Texas and New York and is a licensed patent attorney. Mr. Vicknair regularly uses his prior work experience as a part of his legal practice. He is one of the founding partners at D’Arcy | Vicknair, L.L.C. His primary practice areas include construction law, construction litigation, surety law, and all phases of intellectual property, including litigation, prosecution, and transactional matters. Mr. Vicknair also practices in commercial litigation and claims related to construction defects, payment disputes, subcontractor claims, owner claims, and claims by general contractors. He lectures on construction law topics such as Louisiana lien law and general Louisiana construction law as well as intellectual property law topics, including trademarks, patents and copyrights.