Construction Contract Workshop Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:45 pm
Lunch (On your own): 12:45 – 1:45 pm
Afternoon Session: 1:45 – 4:30 pm
Understanding Construction Contract Essentials
M. Rutledge
Examining contract terminology:
Parties, consideration, term, performance,
substantial performance, breach, remedies, damages
Understanding types of construction contracts:
Payment method
Award and selection
Project delivery system
Number of primes
Legal description
Studying roles and relationships of project participants:
Owners, architects/engineers, construction managers,
contractors, subs and suppliers
Exploring the law of construction contract interpretation
Reviewing Project Documents
E. Mullenbach Cunningham
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
S. Smiley
Insurance and indemnity issues
Chain of command issues
Subcontracts
Changes and change orders
Payments
Substantial and final completion
Breach and pitfalls
Examining Legal Issues and Contract Disputes
A. Vicknair
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
D. Lund III
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
6.5 HSW CEHs – Contact Hours
6.5 AIA HSW Learning Units
Professional Engineers
6.5 PDHs (1.0 Ethics)
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers up to 6.5 HSW continuing education/contact hours to architects and 6.5 PDHs to professional engineers in all states.
The American Institute of Architects has approved this event for 6.5 HSW Learning Units (Sponsor No. J885). The Louisiana State Board of Architectural Examiners accepts programs approved by the American Institute of Architects.
Louisiana engineers: This course contains 1.0 hour of ethics, which is a new requirement in 2017. HalfMoon Education is an approved continuing education provider for Louisiana engineers.
HalfMoon Education is an approved continuing education sponsor for architects in Florida (Sponsor No. 0001388) and is deemed an approved sponsor 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.
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
Daniel Lund
Coats Rose, P.C.Director at Coats Rose, P.C.Mr. Lund’s practice focuses on construction and surety litigation and arbitration; business, insurance, and products liability defense litigation; contract drafting and negotiations; telecommunications; and land use law. He regularly lectures on construction law topics, including Louisiana lien law, zoning and land use planning, and general Louisiana and Federal construction law. Mr. Lund has received the “Top Lawyers” recognition in the fields of alternative dispute resolution and construction by New Orleans Magazine since 2012, has been selected for inclusion since 2014 in The Best Lawyers in America publication in the areas of construction law and construction litigation, and has been honored since 2010 in the Louisiana Super Lawyers publication in the field of construction litigation. He earned his J.D. degree from Tulane University Law School, his undergraduate degree in Philosophy from the University of New Orleans, and his Master’s degree in Theological Studies from Duke University.
Erika Mullenbach
Salley Hite Mercer & Resor LLCPartner at Salley Hite Mercer & Resor LLCMs. Mullenbach Cunningham is a partner at the firm and has a civil litigation practice handling cases in the areas of business and professional liability (architects and engineers), construction defects, toxic torts, insurance coverage and defense, and general civil litigation. She is admitted to practice in Louisiana, Pennsylvania and the District of Columbia. She received her law degree from Tulane University Law School, where she was a member of the Tulane Journal of Technology and Intellectual Property, and authored the Comment entitled “The Influence of Disease on the Evolution of U.S. Patent Law and Policy towards Foreign Patent Laws in the Late Twentieth to Early Twenty-First Century,” which has been cited in several briefs filed before the United States Supreme Court. Ms. Mullenbach Cunningham earned a professional certification in European Legal Studies while at Tulane Law. She is a graduate of Northwestern University in Evanston, Illinois, where she earned a Bachelor of Arts degree in Molecular and Cellular Biology.
Michael Rutledge
Salley Hite Mercer & Resor LLCPartner at Salley Hite Mercer & Resor LLCMr. Rutledge is a partner in the firm, and his primary areas of practice include business and professional liability (architects and engineers), construction defect litigation, products liability and toxic tort cases, and commercial litigation. He heads up the firm’s Mississippi practice and has made appearances in 39 of Mississippi’s 82 counties. Mr. Rutledge is admitted to practice before all Mississippi and Louisiana state and Federal courts.He graduated cum laude from Creighton University and received his Juris Doctorate degree from Tulane University Law School. Mr. Rutledge is a member of the Mississippi Bar Association and the Louisiana Bar Association. He is a member of the Louisiana Bar Association Public Information Committee. Mr. Rutledge also regularly volunteers time with the Tulane Moot Court Programs. He is AV rated by Martindale-Hubbell.
Seth Smiley
Smiley Law FirmManaging Member of Smiley Law FirmMr. Smiley handles all aspects of construction cases from initial contracting all the way to final payment once work is complete. Other areas of focus include mediation, commercial collections, landlord/tenant law, personal injury law, corporate/business formation and insurance property damage claims. Mr. Smiley is licensed to practice law in Louisiana and California. He earned his J.D. degree from Loyola University New Orleans College of Law.
Andrew G. Vicknair
Founding Partner at D’Arcy | Vicknair, L.L.C. in New Orleans, LouisianaMr. 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.