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
S. Nudelman
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
Examining Legal Issues and Contract Disputes
S. Nudelman
Changed conditions
Project documentation
Delays, acceleration
Handling payment claims and final payments
Resolving disputes through mediation, arbitration, litigation
Understanding contractual and statutory warranties
Understanding Issues in Contract Administration
T. Bakal
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
W. Jackowski
Use of standard forms v. custom contract documents “
American Institute of Architects (AIA)
ConsensusDocs
Engineers Joint Contract Documents Committee (EJCDC)
Agreement: How to navigate important contract provisions from
architect/engineer’s perspective
Reviewing Project Documents
W. Jackowski
Consultant’s Agreement
Insurance considerations for a design professional
Contract conditions (general and supplementary)
Specifications (Format, CSI 1995 and 2004)
Shop drawings
Contract modifications (change orders, directives, etc.)
Reviewing Bidding Documents
S. Berkowitz
Invitation
Bid form
Instructions
Bid bond
Information
Addenda
Credits
Professional Engineers
7.0 CPC Credits/PDHs
Architects
7.0 HSW Continuing Ed. Hours
7.0 AIA HSW Learning Units
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers up to 7.0 CPC credits/PDHs to professional engineers and 7.0 HSW continuing education hours to architects in all states, except Florida architects. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700).
This event has been approved by the American Institute of Architects for 7.0 Learning Units (Sponsor No. J885). Courses approved by the AIA qualify for New Jersey architects. Only full attendance can be reported to the AIA/CES.
HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York architects.
This seminar offers a non-credit continuing education opportunity to contractors; it has not been approved in any state that has a contractor continuing education requirement.
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
Todd Bakal
Law Offices of Todd BakalLaw Offices of Todd Bakal, White Plains
Mr. Bakal has helped people with their business and personal legal needs for more than 20 years. During that time, he has focused his practice in the areas of construction, environmental, and general commercial litigation as well as insurance coverage disputes. Outside of the courtroom, Mr. Bakal helps individuals and business owners with real estate, business formation and succession, regulatory work, and trust and estate planning and administration issues. He is a graduate of the University of Michigan, where he double-majored in Philosophy and Computer Science. Mr. Bakal then attended George Washington University Law School. Prior to practicing law, he founded RBI Software, Inc. which specialized in the development of commercial vertical market applications. Mr. Bakal is a member of the New York State Bar Association, the New Jersey State Bar Association, the Westchester County Bar Association, and the New York City Bar Association. He is admitted to the New York and New Jersey bars.
Steve Berkowitz
Berkowitz & Associates, P.C.Berkowitz & Associates, P.C.
Mr. Berkowitz is listed in Martindale-Hubbell’s AV Ratings register of Preeminent Lawyers. The Martindale-Hubbell AV Register is limited to only the most distinguished lawyers. This rating signifies the highest level of legal ability and very high adherences to professional standards of conduct, ethics, reliability and diligence. Mr. Berkowitz is also an arbitrator appointed to the prestigious American Arbitration Association panel of neutrals. He graduated from University of Maryland, College of Engineering, with a bachelor of science degree in Mechanical Engineering. Immediately after graduating, he began working with a Fortune two hundred company, engineering, designing, estimating and selling facility management systems. The clients were, for the most part, contractors, engineers and owners. This gives Mr. Berkowitz a unique perspective when applying legal principles to construction issues.
Wojciech “Voytek” Jackowski
Principal and Chair of the Commercial Litigation Practice (North) at Offit Kurman, New York, NYWojciech “Voytek” Jackowski is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational and cost-effective business solutions. His diverse practice includes international facets of litigation and dispute resolution, and criminal and civil facets of various international income reporting obligations. He has represented entities and individuals in cases involving trade and contract disputes, property loss claims, bankruptcy proceedings, construction issues, commodities and derivatives matters, white-collar crime, personal injury, and claims raising questions under federal labor law. Before joining Offit Kurman, Mr. Jackowski was a partner in the New York law firm of Menaker & Herrmann LLP. He began his career as a prosecutor and later became a Senior Assistant District Attorney with the Brooklyn District Attorney’s Office, where he was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, and corporate and individual income and sales tax evasion. Mr. Jackowski frequently lectures and publishes articles on construction law and litigation topics. He is active in numerous bar and industry associations, including the Construction Law Committee of the New York Building Congress, the Building Owners and Managers Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, the Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is also a member of the Construction Law Committee of the New York City Bar Association.
Steven Nudelman
Partner at Greenbaum, Rowe, Smith & Davis LLP, Red Bank, NJMr. Nudelman has represented members of the construction industry across a broad spectrum of matters for over 25 years. He works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the New Jersey and New York metropolitan area. Mr. Nudelman drafts, modifies and negotiates customized contracts, as well as contracts based on standard industry forms from groups such as the American Institute of Architects, Consensus Docs and Design Build Institute of America. His construction contracting work helps his clients manage the risk inherent in construction projects so they may adequately protect their interests now to avoid claims and disputes in the future. When claims and disputes are unavoidable, Mr. Nudelman draws upon his wide-ranging experience in construction litigation, representing clients in state and federal courts throughout the New Jersey/New York metropolitan area, as well as in local and international mediations and arbitrations.