Construction Contract Workshop Seminar
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 – 4:30 pm
Understanding Construction Contract Essentials
D. Fine
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
M. Sams, S. Khan
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
M. Sams, S. Khan
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
W. Dolan
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
W. Dolan
Determining qualifications and competence of participants
Preventing conflicts of interest and the appearance of impropriety
Identifying ethical issues in bid practices
Credits
Architects
6.5 HSW Contact Hours
6.5 AIA HSW Learning Units
Professional Engineers
6.5 PDHs
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 for architects and 6.5 PDHs for professional engineers in all states, including Rhode Island architects. Educators and courses are not subject to preapproval in Rhode Island.
HalfMoon Education is an approved continuing education sponsor for architects in Florida and is deemed an approved continuing education sponsor for architects in New York. HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Louisiana, Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.
This seminar is approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885).
This course offers a continuing education opportunity to construction contracts. It has not been approved by any state contractor licensing entity for mandatory 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
William Dolan
Donoghue Barrett & Singal, P.C.Donoghue Barrett & Singal, P.C.Mr. Dolan is a trial attorney practicing in commercial litigation, professional ethics and malpractice, bankruptcy, and construction law. His clients include state and governmental agencies, major cities and towns, fortune 500 companies, hedge funds, national retail chains, and others. Mr. Dolan’s best known work includes leading groundbreaking class action pension reform litigation in Rhode Island and obtaining multi-million dollar jury and bench verdicts in state and federal courts throughout the region. His efforts have been central to important cases involving governmental entities, tobacco companies, construction firms, national retailers, and financial institutions. Mr. Dolan has served as an adjunct professor of Constitutional Law at the University of Rhode Island and is a member of the American Bar Association’s Forum on Construction and the Fidelity and Surety Subcommittee.
David L. Fine
Partner at Mirick, O’Connell, DeMallie &; Lougee, LLP, in Worcester, MAMr. Fine represents and counsels clients in the construction industry, including owners and developers, general contractors and construction managers, specialty trade contractors, suppliers and manufacturers. He represents clients in adverse proceedings such as litigation and arbitration, and he consults regarding risk management, contract preparation and negotiation, and general business advice. Mr. Fine is the chair of his firm’s Construction Law Group and the past president of the Home Builders and Remodelers Association of Central Massachusetts. He holds several leadership positions in local, regional, and national construction trade and bar organizations. Mr. Fine was named a Massachusetts “Super Lawyer” by Boston Magazine every year since 2017.
Sakib A. Khan, Esq.
Attorney and Principal at Khan Law PLLC in the Greater Boston Area, MAMr. Khan advises project owners, general contractors, subcontractors, architects, engineers, sureties and consultants on construction-related legal matters. A substantial portion of Mr. Khan’s practice is focused on pre-litigation, dispute avoidance and risk management counseling. This includes construction contract drafting and negotiation and development of strategies for project owners and construction industry clients to address and resolve contract claims for additional time and compensation during the course of the project and without external intervention by legal counsel, much less appearance in court or arbitration. He earned a B.S. degree in Civil Engineering from the Columbia University School of Engineering and Applied Science and a J.D. degree from Boston College Law School. Mr. Khan is admitted to practice law in Massachusetts, New Hampshire and New York.
Michael Sams
Kenney & Sams, P.C.Kenney & Sams PC in Boston, MA
Mr. Sams is a founding member and shareholder of Kenney & Sams, P.C. His primary area of practice is construction litigation. Mr. Sams has successfully tried numerous cases before the Massachusetts Superior and District Courts, the United States Department of Labor, the Division of Administrative Law Appeals, and the Department of Industrial Accidents. He has successfully tried bid protest matters before the Attorney General’s Office, and he has handled appeals before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and the United States First Circuit. Mr. Sams has arbitrated matters with the American Arbitration Association and the Office of Consumer Affairs. In addition to his litigation and trial work, he spends considerable time consulting with clients regarding risk management policies and procedures, as well as contract analysis and preparation, all to lessen the potential for future litigation. Mr. Sams chairs the Defense Research Institute’s national Construction Law Committee, and he is general counsel to the Gould Construction Institute. He is former chair of the Boston Bar Association’s Construction Law Committee.