Construction Contract Workshop Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 5:00 pm
2017 AIA Architect and Contractor Agreements
A. Mow
Organization and use of documents
Scope and compensation
Changes in service
Schedule for performance of services
Standard of care and liability
Owner’s responsibilities
Ownership and use of instruments of service
Suspension and termination
AIA A201 -2017 General Conditions of the Contract for Construction
B. Liddell
Schedule
Changes in the work
Payments and completion
Differing site conditions
Claims
Warranties and rights, and obligations to correct the work
Hazardous materials
Indemnification
Suspension and termination
Understanding Issues in Contract Administration – Three Questions
B. Bolinder
What does your contract say?
Scope
Chain of command
Insurance and indemnity
Payments
Dispute resolution
What can go wrong?
Client and project selection
Subcontracts
Communication
Changes and change orders
What do I do now?
Breach
Substantial and final completion
Warranty
Examining Legal Issues and Contract Disputes
L. Harris
Changed conditions
Project documentation
Delays and liquidated damages
Attorneys’ fees
Handling payment claims and final payments
Experts
Resolving disputes through mediation, arbitration, litigation
Allocation
Understanding contractual and statutory warranties
Economic loss doctrine
Handling Ethical Issues in Construction Contracting
J. Handy
Update on Utah’s quality based selection laws designed to promote 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
Professional Engineers
7.0 Professional Education Hours
Architects
7.0 HSW CE Hours
7.0 AIA HSW Learning Units
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 hours of professional education/PDHs to professional engineers and 7.0 HSW continuing education hours to architects in all states, excluding Florida architects. Educators and courses are not subject to preapproval in Utah.
This seminar is registered with the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
HalfMoon Education is deemed an approved architect continuing education sponsor in New York. HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana, Louisiana, Maryland, New Jersey, New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.
Attendance will be monitored and reported, as required. 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 Bolinder
Richards Brandt Miller NelsonBrian D. Bolinder is a shareholder at Richards Brandt Miller Nelson where he practices in the areas of construction litigation, insurance defense litigation and other complex litigation matters. After receiving his law degree in 2006 from the University of Utah, Mr. Bolinder has represented architects, engineers, surveyors and other design professionals, as well as both horizontal and vertical contractors in connection with risk management, procurement, contracting and litigation. In addition, he represents individuals and companies in a broad range of industries with general litigation matters, including personal injury, products liability, and commercial contracts. His experience includes all aspects of litigation including bench and jury trials, as well as efforts towards achieving his clients’ goals short of trial or formal litigation. Mr. Bolinder is a member of the State Bar of Utah (member and current vice-chair, Construction Law Section) and the State Bar of Wyoming.
Jeffrey R. Handy
Shareholder at Babcock Scott & Babcock PC, in Salt Lake City, UTMr. Handy’s practice focuses on representing designers, general contractors, subcontractors, suppliers and other parties in a variety of construction-related contexts. He is a member of the Utah State Bar and is licensed to practice in state and federal courts in the State of Utah. Mr. Handy graduated from Brigham Young University, J. Reuben Clark Law School in April of 2011. He received his bachelor of science degree in Civil and Environmental Engineering in 2006 from Brigham Young University where he was inducted into the Tau Beta Pi National Engineering Honor Society. Mr. Handy also received a master of science degree in Civil and Environmental Engineering from Brigham Young University in 2008. He is active in the Construction Section of the Utah State Bar and currently serves as its chair.
Lincoln Harris
Richards Brandt Miller NelsonLincoln Harris is a shareholder in the law firm of Richards Brandt Miller Nelson, where his practice covers a wide range of dispute resolution and litigation matters within the areas of construction, liens, real estate, commercial leasing and family law. Mr. Harris regularly assists clients in the drafting, review, and negotiation of contracts. He has many years of experience and an excellent record representing his clients in mediation, arbitration and litigation. In addition to his law degree from the University of Utah, Mr. Harris has a Master of Public Administration degree. He previously worked for the City of Park City, and practiced law for several years in Kentucky working for the Appalachian Research and Defense Fund. He is a member of the State Bar of Utah (member, Construction Law Section) and the State Bar of Kentucky.
Brad Liddell
Jones Waldo Holbrook & McDonoughBrad M. Liddell is an associate at Jones Waldo Holbrook & McDonough. His practice focuses on representing members of the construction industry, including design professionals, owners, and contractors. He represents clients in all phases of the construction process and is involved in both litigation and transactional representation. Mr. Liddell is a 2016 and 2017 Super Lawyers Mountain States Rising Star.
Adam Mow
Jones Waldo Holbrook & McDonoughAdam T. Mow is a shareholder at Jones Waldo Holbrook & McDonough. He represents architects, engineers, contractors, and other members of the construction industry in drafting, negotiating, and litigating construction contracts. Mr. Mow is also a licensed architect and a past president of the Utah Chapter of the American Institute of Architects. He has been elected by his peers to the Utah Legal Elite since 2009.