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
E. Luschei, K. Dorse
Key considerations in public versus private construction projects
Project delivery systems: traditional design-bid-build, design-build,
performance specifications, construction manager at risk, multiple prime contractors
Roles and relationships of project participants: owners, architects/engineers,
construction managers, contractors, subcontractors and suppliers.
“Top ten” contracting issues for construction contracting, including terminology,
parties, term, performance, changes, claims, substantial performance, breach,
termination, remedies, and damages
Reviewing Bidding Documents
M. Baker
Invitation
Bid form
Instructions
Bid bond
Information
Addenda
Reviewing Project Documents
M. Baker
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
A. Carno
Insurance and indemnity issues
Subcontracts
Changes and change orders
Payments
Substantial and final completion
Breach and pitfalls
Examining Contract Changes and Addressing Problems
M. Salamone
Changed conditions
Project documentation
Delays, acceleration
Handling payment claims and final payments
Understanding contractual and statutory warranties
Resolving disputes through mediation, arbitration, litigation
Handling Ethical Issues in Construction Contracting
M. Salamone
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
Non-Credit for CA Architects
7.0 AIA LU|HSW
Professional Engineers
7.0 Continuing Education Hours
Contractors
7.0 Continuing Education Hours
* Continuing education not mandatory in California
Continuing Education Credit Information
This seminar is open to the public and offers a non-credit continuing education opportunity to California architects.
The American Institute of Architects Continuing Education System has approved this activity for 7.0 LU|HSW (Sponsor No. J885). Only full attendance is reportable to the AIA/CES. Visit www.halfmoonseminars.org for complete AIA/CES course information.
This course offers a 7.0-hour non-credit continuing education opportunity to professional engineers licensed in California.
Architects and engineers seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state continuing educations rules to determine eligibility.
This course also offers a non-credit continuing education opportunity to construction contractors. Credit approval is not being sought in any state with 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
Michael Baker
Partner with Snell & Willmer, in Costa Mesa, CAWith more than 25 years of experience dedicated to the area of construction law, Mr. Baker focuses his practice on the representation of design professionals, engineers, general contractors, and public and private owners. His experience includes providing representation for business and contractual matters as well as disputes before arbitration panels, mediators, and trial courts. He has also acted in the capacity of mediator, arbitrator, and served on project dispute resolution boards on selected building programs and projects.
Mr. Baker’s transactional experience in both construction and design-related matters includes drafting contracts related to project delivery methods as well as drafting building program management agreements and construction management agreements for building programs ranging from $200 million to over $1 billion on behalf of contractors, design teams, and owners. His experience as a trial lawyer is shown by having brought 20 cases to trial for decision or verdict, including venues in 11 different counties in the State of California and trials in multiple federal circuit court districts in California and the Ninth Circuit Court of Appeals. Additionally, Mike has arbitrated numerous cases in private arbitration on behalf of contractors, owners, engineers, architects, construction managers involving building, and civil works.
Mr. Baker is a member of the State Bar of California, the Construction Management Association of America (CMAA), the Southern California Chapter where he is a board member and past Chapter President (2013), and was a founding member of the CMAA, Southern California Foundation Board.
Anna Carno
Carno Law GroupAnna M. Carno is president of Carno Law Group, a Professional Law Corporation. For over 25 years, her practice has focused on representing those in the construction industry. She has represented the legal interests of general contractors, developers, specialty subcontractors, engineering firms, design professionals, equipment rental companies, trucking companies, and various materialmen and suppliers. Carno Law Group has also developed a niche practice with respects to government contracts and SBE/WBE/MBE/VBE and SBA 8 (a) certification issues. Ms. Carno graduated cum laude from Loyola Marymount University, and she received her juris doctorate degree from Loyola Law School. She has spoken at numerous seminars regarding construction-related topics and has authored numerous publications regarding construction and litigation.
Kevin A. Dorse
Managing Partner, Theodora OringherKevin Dorse is the Managing Partner of Theodora Oringher, a law firm having offices in Costa Mesa and Los Angeles. Kevin has been representing business and government clients for over 30 years focusing on complex commercial litigation in a wide variety of industries and issues, including contract disputes, construction, class actions, intellectual property, product liability, insurance coverage, and health care. Kevin heads the Firm’s Construction Disputes Group specializing in heavy construction, school construction, tunneling, transportation, rail, highway, pipelines, and engineering disputes. Kevin has worked on some of the most noteworthy and complex infrastructure projects in Southern California and the country, including the Crenshaw/LAX light rail light project, Gerald Desmond Replacement Bridge Project, LAUSD School Bond Construction Program, Hollywood/Vermont Redline Subway Tunnels, Inland Feeder Project and Arrowhead Tunnels, Exposition Light Rail Line, 210 Freeway Extension, I-405 Freeway HOV lane and bridge project, North Hollywood Redline Subway Tunnels, and Prudhoe Bay Oil Field. While Kevin has extensive high-level experience in construction disputes, he also has substantial experience in day-to-day project issues, including with changes orders, change management, constructive changes, directed acceleration, construction scheduling and scheduling disputes. Kevin is admitted to practice in California and Florida and has been Southern California Super Lawyer in the field of construction litigation for each year from 2006 to the present as published in Southern California Super Lawyer Magazine and Los Angeles Magazine.
Erich Luschei
Senior Attorney, Theodora Oringher PCMr. Luschei has represented private and public owners, design professionals, contractors and subcontractors for over 35 years in disputes and transactional matters. He has tried, arbitrated or mediated many cases for clients such as the Los Angeles Metropolitan Transportation Authority, the City of Long Beach, the County of San Bernardino and County of San Bernardino Flood Control District, and the Los Angeles Unified School District. Erich’s experience with construction disputes lead him into contract preparation for A&E agreements, construction contracts, subcontract agreements, and many other agreements for construction industry participants. He also has extensive high-level experience in construction disputes and substantial experience in complex day-to-day project issues, including with changes, change orders, change management, constructive changes, directed acceleration, construction scheduling and scheduling disputes. Erich is licensed to practice law in the State of California and has handled disputes across the country and internationally. He is a frequent speaker on legal issues affecting the construction industry and has authored numerous topics concerning construction related topics.
Mary A. Salamone
Mary A. Salamone is a partner at Procopio, Cory, Hargreaves & Savitch LLP. She has dedicated her 35-year career exclusively to the specialized area of construction law. Ms. Salamone has represented virtually every participant in the building industry on both public and private works of improvement, which affords her a unique perspective to assist in understanding and resolving claims in a cost-effective manner. She has handled multimillion dollar disputes on high-profile, complex construction projects. Ms. Salamone is an active member of various trade associations and serves as a neutral with the American Arbitration Association and the Office of Administrative Hearings. Ms. Salamone has received an AV Preeminent rating with LexisNexis/Martindale Hubbell, which is given to two percent of the lawyers in the country. She has also been repeatedly recognized by both Chambers USA: America’s Leading Lawyers for Business and by Best Lawyers in America in the field of construction law. She was also selected as a Senior Fellow with the Litigation Counsel of America and a Charter Fellow with the Construction Lawyers Society of America.
AIA Info
AIA Provider Statement:
HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).
This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.
AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
Course Title: Construction Contract Workshop
Delivery Method: Live
Course Description: This is a 7.0 hour live lecture presentation with the instructors and students together in the same room. It will be conducted in a handicap-accessible conference room with ample seating space and writing surface for all attendees. Bound written materials, authored by the faculty, will be distributed to all participants at the program. Attendance will be monitored and reported to AIA/CES. This course covers the essentials of construction contracts, reviewing bidding documents, issues in contract administration, legal issues and contract disputes, and ethical issues in construction contracting.
Learning Objectives:
Learning Objective 1:
Learners will be able to review and discuss bidding documents (invitation, bid form, instructions, bid bond, information, and addenda) and project documents (standard form or custom documents, agreement, payment bond, contract conditions, specifications, shop drawings, contract modifications).
Learning Objective 2:
Learners will be able to recognize and avoid ethical pitfalls common to construction contracting by promoting impartial, merit-based award of construction contracts, ensuring honesty, integrity, fair-dealing and quality assurance, and creating a system of internal practices promoting contract compliance and other ethical practices.
Learning Objective 3:
Learners will be able to understand contract terminology, describe the roles and responsibilities of all the project participants (owners, designers, construction managers, contractors, subcontractors and suppliers), differentiate project delivery systems (traditional design-bid-build, design build, construction manager at risk, multiple prime contractor, owner control), and differentiate types of construction contract types (lump sum, cost plus, time and materials, unit pricing).
Learning Objective 4:
Learners will be able to assist in contract administration matters by understanding such matters relating to insurance and indemnity, subcontracts, changes and change orders, bonds, payments, mechanic’s liens/stop notices, changed conditions, delays, acceleration/payment claims, and dispute resolution.
LUs: 7.0 LU Type: LU|HSWs.
Prerequisites: Familiarity with construction contracts and documents.
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 01/19/2021
Complaint Resolution Policy:
Complaints regarding this course can be emailed to doug@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.