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 Contract Essentials
J. Levy
Forming contracts
Identifying contract obligations and limitations
Design-bid-build: the traditional process
Design build
Construction manager: as agent, as CM at risk
Significant Construction – Specific Contract Clauses
D. Carr
Indemnity provisions
Contingent payment clauses
Liquidated damage
Clauses relating to documenting progress and performance
Top general contractor concerns
Ethical Issues in Construction
S. Schacht
Integrity of special classes of contractor – DBE, MBE, WBE, etc.
Ethical issues in bid practices
Ethical issues in payment – construction trusts
Ethical issues with liens
Risk Management and Insurance
A. Anzelmo
Insurance and indemnification provisions in construction contracts
Types of insurance: builders risk, general liability, professional liability
Understanding liability coverage: key definitions, exclusions and endorsements
Insurance versus warranty: coverage (or not) for defective construction
Dispute Resolution Considerations and Strategies
E. Meier
Summary of typical claims
Options for dispute resolution: mediation, arbitration, litigation
Statutes of limitations/statutes of repose
Understanding warranty obligations and protections
Insurance claims considerations
Discovery considerations
Record retention
Overall dispute resolution strategiesWisconsin Attorneys8.0 CLE Hours (1.0 EPR Hour
Credits
Professional Engineers
7.0 PDHs (1.0 Ethics Hour)
Architects
7.0 HSW CE Contact Hours
7.0 AIA HSW Learning Units
Wisconsin Attorneys
8.0 CLE Hours (1.0 EPR Hour)
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 HSW continuing education contact hours to architects and 7.0 PDHs, including 1.0 ethics hour, to professional engineers in most states, including Wisconsin. Educators and courses are not subject to preapproval in Wisconsin.
This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885).
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. HalfMoon Education is deemed an approved architect continuing education sponsor in New York.
The Wisconsin Board of Bar Examiners has approved this activity for 8.0 CLE hours, including 1.0 EPR hour, for attorneys.
Attendance will be monitored and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Anthony Anzelmo
Husch BlackwellPartner at Husch Blackwell
Mr. Anzelmo specializes in product liability, construction law, insurance issues, and tax disputes. He works closely with product manufacturers and construction companies in assessing and managing claims, contracts, tax issues, liability insurance programs and lawsuits. Mr. Anzelmo represents owners, municipalities and general contractors in various liability and construction disputes, and in insurance coverage risk management. He uses his background of practical and results-oriented insight in risk management to provide a unique way to handle insurance ligation with his clients.
David Carr
Husch BlackwellPartner with Husch BlackwellFrom initial demand through discovery and trial, Mr. Carr represents clients in state and federal courts across the United States. He handles complex commercial litigation, including insurance defense, contract disputes, products liability, medical malpractice defense, foreclosure actions, replevins, liquidation of corporations, contract disputes and bankruptcy workouts. He has successfully defended significant damage tort claims, as well as an automobile tort claim to jury verdict. As a member of the Real Estate, Development & Construction team, Mr. Carr oversees and handles premises liability cases for Fortune 500 companies, major retailers and restaurants. He also provides defense of construction defect claims for roofing, concrete and HVAC contractors and service providers. Mr. Carr served as a moderator for the American Bar Association Minority Council programs titled “Effective Practices for Enhancing the Collaborative Relationship Connecting In-House and Outside Counsel” and “Your Career’s Life Cycle and How to Get the Most From It.”
Joshua Levy
Husch BlackwellPartner at Husch Blackwell
As the Co-Leader of Husch Blackwell’s Construction and Design Group, Mr. Levy specializes in all aspects of construction law. He regularly assists businesses from the onset of planning to the ribbon cutting ceremony. Mr. Levy has represented clients in more than 50 American Arbitration Association hearings, as well as numerous state and federal court and jury trials. He also has served as an arbitrator on the AAA construction industry panel of neutrals for over 10 years. Mr. Levy provides training to design and construction firms and helps his clients navigate the complexities of all types of projects.
Eric Meier
Husch BlackwellPartner with Husch Blackwell in MilwaukeeMr. Meier is a member of the firm’s Real Estate, Development & Construction Industry team. Much of his practice is devoted to construction-related planning, contracting and risk mitigation. Mr. Meier also regularly handles construction-related litigation, including breach of contract claims, defective work, warranty issues and surety bond disputes. He has handled trials, arbitrations, and OSHA violations, and he has appeared before the Armed Services Board of Contract Appeals. Mr. Meier is a multiple time recipient of Wisconsin Super Lawyers’ “Rising Star” distinction and has been recognized as one of The Best Lawyers in America in litigation – construction.
Samantha Schacht
Husch BlackwellAttorney with Husch BlackwellMs. Schacht is an attorney in the Madison office of Husch Blackwell and is a member of the firm’s Real Estate, Development & Construction team. She represents contractors, developers and designers in all phases of construction projects, providing clients with comprehensive transactional and litigation services to help manage risk and resolve disputes. Prior to joining the firm, Ms. Schacht worked for a trade association representing contractors and in-house for a national general contractor.