Construction Contract Workshop Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 5:00 pm
Understanding Construction Contract Essentials
J. Hutson
Examining contract terminology: parties, consideration, term, performance, substantial performance, breach, remedies, damages
Studying roles and relationships of project participants:
Owners, architects/engineers, construction managers, contractors, subs and suppliers
Understanding the project delivery system:
traditional design-bid-build, design-build, construction manager at risk, multiple prime contractor, owner control
Understanding types of construction contracts:
lump sum, cost plus, time and materials, unit pricing
Exploring the law of construction contract interpretation
Reviewing Bidding Documents
P. Devine
Role of design professional
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Invitation
Instructions to bidders
Addenda
Proprietary specifications
Bid form
Bid bond
Criteria for contract award
Bid review process
Bid protests and procedures
Procedures for withdrawal of bids
Acceptance of bids
Notice to award
Notice to proceed
Reviewing Project Documents
B. Buzby
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. Passella
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
R. Sherman
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. Holthus
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
7.0 HSW Contact Hours
7.0 AIA HSW Learning Units
Professional Engineers
7.0 PDHs
Construction Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This live lecture presentation is open to the public and offers 7.0 HSW continuing education hours to architects and 7.0 PDHs to professional engineers in Ohio. Educators and courses are not subject to preapproval in Ohio.
This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885).
Architects and engineers seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
This seminar offers a non-credit continuing education opportunity to contractors. 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
Brian Buzby
Porter Wright Morris & Arthur LLPPorter Wright Morris & Arthur LLP, ColumbusMr. Buzby is a trial attorney with more than 40 years of experience representing clients in court, arbitration, and mediation on a wide range of business disputes. His trial practice emphasizes construction, representing project owners, contractors, and design and engineering professionals on construction projects. Mr. Buzby counsels clients in the areas of real estate, energy, and general business counseling and litigation. He has experience throughout the construction industry in the negotiation and preparation of construction contracts, project performance and the resolution of construction claims and disputes.
Patrick Devine
Ice Miller LLPSenior Counsel, Ice Miller LLP
Mr. Devine is senior counsel and a construction attorney in the firm’s Litigation Group. His emphasis is public construction contracts, project delivery methods, competitive bidding issues, prevailing wage compliance, and DBE/MBE requirements. In addition, he litigates cases and administrative actions on behalf of contractors, subcontractors, and suppliers. Mr. Devine has authored numerous articles on construction and administrative law issues.
Doug Holthus
Partner, Freeman Mathis & Gary LLPMr. Holthus’ primary areas of focus are the defense of construction, governmental liability, and employment and general liability claims. He has tried, advocated and arbitrated nearly one hundred cases before civil juries, administrative licensing and other boards and arbitration panels throughout Ohio, as well as Illinois and California, in both state and federal courts. Among his other professional and civic positions, Mr. Holthus is past Chair of the Columbus Bar Association’s Professionalism Committee and is a member of the Professional Liability Defense Federation.
Jeffrey Hutson
Lane AltonPartner, Lane AltonMr. Hutson has a bachelor’s degree in Economics from the University of Michigan and a law degree from the University of Michigan Law School. He is the past chair of the Construction Law Committee of the Columbus Bar Association and a member of its ADR Committee. He serves by assignment as a referee in the Ohio Court of Claims. Mr. Hutson is a member of the American Bar Association and its Forum Committee on the Construction Industry. He is a member of the Commercial and Construction panels of the American Arbitration Association. Mr. Hutson has been named an Ohio Super Lawyer in Construction Law by Law & Politics Media Inc. (current) and is listed in The Best Lawyers in America in personal injury litigation.
Michael Passella
McNees Wallace & NurickOf Counsel, McNees Wallace & NurickMr. Passella’s broad litigation practice focuses on public and private construction law, commercial litigation, real estate, and oil and gas. He represents developers, owners, architects, engineers, construction managers, general contractors, subcontractors, suppliers, and sureties in a wide variety of construction-related disputes, including contract negotiation, litigation, arbitration, and mediation. Mr. Passella has extensive experience with insurance coverage litigation on behalf of construction industry and other policyholder clients.
Ryan P. Sherman
Porter Wright Morris & Arthur, LLP, Columbus, OHMr. Sherman is a partner in Porter Wright’s litigation department and co-chairs the firm’s construction practice group. He concentrates his practice on complex commercial disputes, with a particular focus on construction matters. Mr. Sherman regularly represents owners, contractors, subcontractors, suppliers, and architects/engineers in contract matters, disputes, and litigation. He has been recognized by Chambers USA as a “Leader in the Field” for general commercial litigation, which described him as “one of the next generation of leading Ohio litigators.” Mr. Sherman has also been recognized as a Super Lawyers Rising Star every year since 2009. He received a B.A. degree from The Ohio State University and a J.D. degree from The Ohio State University Michael E. Moritz College of Law. Mr. Sherman is a member of the American Bar Association’s Forum on Construction Law, the Columbus Bar Association’s Construction Law Committee, and the Builders Exchange of Central Ohio.