Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:15 pm

Lunch (On your own):      12:15 – 1:15 pm

Afternoon Session:           1:15 – 5:00 pm

Understanding Construction Contract Essentials
L. Montz

   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

Handling Ethical Issues in Construction Contracting
W. Dulaney 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

Reviewing Bidding Documents
R. Jezdimir

   Invitation             Bid form             Instructions
   Bid bond             Information         Addenda

Reviewing Project Documents
B. Buzby

   Use of standard forms or custom documents
   Agreement Performance bond
   Payment bond
   Contract conditions (general and supplementary)
   Shop drawings
   Contract modifications (change orders, directives, etc.)

Understanding Issues in Contract Administration
T. Darrow

   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
T. Darrow

   Changed conditions
   Project documentation
   Delays, acceleration
   Handling payment claims and final payments
   Resolving disputes through mediation, arbitration, litigation
   Understanding contractual and statutory warranties

Credits

Architects
     7.0 HSW Continuing Ed. 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). Only full attendance can be reported to the AIA/CES.

Architects and engineers seeking continuing education credit outside Ohio will be able to do so, in most cases. Refer to specific state rules to determine eligibility. Course information specific to Ohio is not allowed in Indiana or New York.

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 LLP

Porter 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.

Thomas Darrow

Darrow Law LLC

Darrow Law LLC, ToledoMr. Darrow is the owner of Darrow Law, LLC. He focuses his practice on residential and commercial real estate, construction law and litigation, and general civil litigation. Mr. Darrow also counsels clients in small business law, representing individuals and families in personal injury litigation and negotiations.

William Dulaney

Mann Dulaney, LLC, Powell
Mr. Dulaney has maintained a private construction law and real estate practice for over 25 years in the greater Cincinnati, Columbus and Dayton area. During this time he has represented design professionals, owners and contractors in the areas of construction, safety, labor, employment and government/agency regulation. He has represented clients before the State Board of Registration for Professional Engineers and Surveyors and has spoken before American Society of Civil Engineers (ASCE) Sections statewide regarding legal issues for design professionals. Mr. Dulaney received his B.S. degree in Construction Management from the University of Cincinnati, his M.B.A. degree from Xavier University and his J.D. degree from the University of Dayton. He is admitted to practice law before all state and federal courts in Ohio. He represents other professionals including physicians, pharmacists and nurses regarding licensure issues before their respective state regulating authorities.

Ryan Jezdimir

Blevins Sanborn Jezdimir Zack PLC, Detroit

Mr. Jezdimir focuses on construction law. He has counseled owners, developers, contractors, subcontractors, and suppliers in the drafting and negotiation of construction contracts and has counseled clients during all stages of a construction project relative to bids, adequacy of work, sufficiency of plans or specifications, extra work, delays, warranties, and other related issues. Mr. Jezdimir has also spent a great part of his practice representing construction clients in resolving disputes through litigation, arbitration, or other dispute resolution procedures. He has succeeded as lead counsel in numerous trials and arbitration hearings. Mr. Jezdimir vast litigation experience includes arguments before appellate courts as well as complex commercial litigation involving claims over theft of proprietary company information and claims for misrepresentations underlying a commercial transaction. Starting in 2018, after he was appointed to the American Arbitration Association Roster of Arbitrators for construction and commercial disputes, He expanded his practice to include service as an arbitrator in numerous disputes involving commercial and construction contracts. Mr. Jezdimir has been honored by inclusions in Michigan Super Lawyers magazine, a top construction litigator by the magazine, dbusiness, and a Fellow in the Construction Lawyers of America Society.

Lane Montz

Cousino Restoration and Cousino Medical Group, Sylvania

Cousino Restoration and Cousino Medical Group, SylvaniaMr. Montz is vice president and general counsel for Cousino Restoration and Cousino Medical Group, one of Ohio’s busiest fire and flood restoration contractors, where he primarily practices construction law. He obtained his undergraduate degree in business from the University of Cincinnati in 1990 and his law degree from the University of Toledo in 1993. During his 17 years at Cousino he has steered the company through over 22,000 projects. He is also an undergraduate and graduate studies adjunct lecturer for Bowling Green State University’s Construction Management program, where he teaches construction contracting and law, and he was recently appointed to the American Arbitration Association’s national Construction Arbitration Panel.