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
M. Jameson
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
J. Miller
Invitation
Bid form
Instructions
Bid bond
Information
Addenda
Reviewing Project Documents
J. Miller
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
K. Fernsler, B. Keefer, R. Striewig
Insurance and indemnity issues
Chain of command issues
Subcontracts
Changes and change orders
Payments
Substantial and final completion
Breach and pitfalls
Comparing Standardized Construction Documents
M. Jameson
American Institute of Architects
ConsensusDocs
Engineers Joint Contract Documents Committee (EJCDC)
Examining Legal Issues and Contract Disputes
J. Miller
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
K. Fernsler
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 Continuing Ed. Hours
7.0 AIA HSW Learning Units
Professional Engineers
7.0 PDHs
Contractors
Non-Mandatory Continuing Ed.
Pennsylvania Attorneys
7.0 CLE Hours (1.0 Ethics)
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 HSW continuing education hours to Pennsylvania architects and 7.0 PDHs to Pennsylvania professional engineers.
This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
This seminar also offers a continuing education opportunity to contractors, but it has not been submitted to any state for contractor CE credit approval.
The Pennsylvania CLE Board has approved this seminar for 7.0 CLE hours, including 1.0 ethics hour, for attorneys.
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
Kurt Fernsler
Babst CallandKurt F. Fernsler is a shareholder in the Construction Services and Litigation Services Groups of Babst Calland and practices in the Pittsburgh as well as State College office. Mr. Fernsler has significant experience in negotiating and litigating construction and other commercial matters. His construction experience includes representing contractors, subcontractors, owners, surety companies and utilities in drafting and negotiating construction contracts and in all manner of performance and payment disputes, including payment and performance bond claims and defenses, mechanics’ liens, indemnity, insurance and claims surrounding delay, acceleration and similar construction-related issues. Mr. Fernsler’s experience includes litigating and arbitrating these types of issues before various state and federal courts and the American Arbitration Association. Mr. Fernsler earned his J.D. degree from the Duquesne University School of Law. He has been listed in the Construction Law and Litigation – Construction Sections of The Best Lawyers in America® since 2013. He has been recognized as one of Pennsylvania’s top lawyers since 2010, according to an annual survey published in Philadelphia magazine.
D. Jameson
Babst CallandD. Matthew Jameson III is a trial attorney with Babst Calland who chairs the firm’s Construction Group and serves as the editor-in-chief of the firm’s Construction Law Blog. He has significant experience in all aspects of construction law, including construction bid protests, construction contract review and drafting, and prosecution and defense of construction delay, acceleration, inefficiency claims and construction payment disputes. In addition, he has trial experience in handling complex breach of contract actions and environmental cost recovery cases. He has represented clients in trials and hearings before various courts, administrative tribunals, and alternative dispute resolution forums. Mr. Jameson received his J.D. degree, with honors, from the Rutgers University School of Law-Camden. While at Rutgers, Mr. Jameson served as editor-in-chief of the Rutgers Law Journal. Since 2014, Mr. Jameson has been ranked among Pennsylvania’s top construction lawyers in Chambers USA’s America’s Leading Business Lawyers. He has been listed in The Best Lawyers in America® since 2007. Mr. Jameson has also been recognized as one of Pennsylvania’s top lawyers since 2005, according to an annual survey published in Philadelphia magazine.
Baron Keefer
American Insurance AdministratorsBaron S. Keefer is CEO of the Property and Casualty Division of American Insurance Administrators (AIA), which recently merged with several agencies across the United States to create the ALERA Group, the 14th largest agency in the United States. His insurance experience includes ten years with PMA Group as claims manager of the Central Pennsylvania region before joining AIA 20 years ago. At AIA, Mr. Keefer has specialized in placing insurance coverages for clients in the construction industry, and he has experience in traditional insurance as well as large deductibles, self-insurance and captives. He received his M.B.A. degree from Loyola College in Baltimore and holds a CPCU degree.
James D. Miller
Buckley King in Dayton, OhioMr. Miller finds great fulfillment in assisting clients in meeting their legal needs during often challenging, sensitive and complex circumstances. Mr. Miller focuses his practice on family law, municipal law and education. He served as a county prosecutor and assistant attorney general prior to entering into private practice. Mr. Miller has advised and represented state, county, and township officials on various matters involving public records, open meetings, contracts, real estate, construction, zoning, levy and bond issues, bid packages, regulatory and compliance, policy and procedures review, employment matters, as well as litigation. He serves as special counsel to the Village of New Bremen, the Monroe Township Board of Zoning Appeals, and the Ohio Educational Services Center Association.
Robert Striewig
American Insurance AdministratorsRobert N. Striewig, Jr. is senior vice president at American Insurance Administrators (AIA), part of ALERA Group, the 14th largest privately held insurance agency in the United States.Mr. Striewig manages the domestic and international surety programs between clients and surety companies throughout the US. He has over 35 years of experience in the surety industry and currently serves as a director on several boards within the industry. Mr. Striewig has also been involved on national advisory boards, is a past president of the MBX and is currently chairman of the Central Pennsylvania chapter of CFMA’s annual scholarship event. He has extensive experience in mitigating claim and onerous exposures through the review and negotiations of bond forms and contract documents.