Agenda

This seminar was originally to take place on May 19 due to COVID-19 health and safety regulations.
Seminar location is subject to change. 

 

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 
G. Strong

    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

Reviewing Bidding Documents 
J. Haftek, Jr.

   Invitation 
   Bid form 
   Instructions
   Bid bond 
   Information 
   Addenda

Reviewing Project Documents 
B. Richards

   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 
W. Jackowski

   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 
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

Handling Ethical Issues in Construction Contracting 
S. Nudelman

   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
     7.0 New Jersey CE Hours
     7.0 AIA LU|HSW

Professional Engineers
     7.0 CPC Credits
     (1.0 Ethics Hour)

Construction Contractors
     Non-Credit CE Opportunity

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 continuing education hours to architects and 7.0 CPCs, including 1.0 ethics hour, to professional engineers licensed in New Jersey.

HalfMoon Education is an approved continuing education sponsor for New Jersey engineers (Approval No. 24GP00000700).

This seminar is approved by the American Institute of Architects Continuing Education System for 7.0 LU|HSW (Sponsor No. J885). Courses approved by the AIA qualify for New Jersey architects. Visit www.halfmoonseminars.org for complete AIA/CES information under this course listing. Only full attendance is reportable to the AIA/CES.

This course offers a non-credit continuing education opportunity to construction contractors. It has not been approved by any state contractor licensing entity.

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

Joseph R. Haftek, Jr.

Partner at Schenk, Price, Smith, & King, LLP, Florham Park, NJ

Mr. Haftek has represented developers, general contractors, subcontractors, suppliers, construction professionals, design professionals and businesses in both state and federal courts. He has experience in handling all aspects of litigation, including prosecution and defense of bid protests, affirmative and construction lien claims. He has experience in negotiating, drafting and reviewing contracts; collection services; public and school bid protest and contract law issues; and providing general legal advice and guidance for each phase of the construction process. Mr. Haftek is co-chair of the Firm’s Construction Law Practice Group, where he heads the Bid Protest Team, and he is a member of the School Law Practice Group. His knowledge and experience have also been recognized with opportunities as a lecturer to both lawyers and construction industry professionals on topics ranging from construction contracts to public bidding and bid protests.

Wojciech “Voytek” Jackowski

Principal, Commercial Litigation Practice Group Chair, Offit Kurman P.A., New York, NY

Mr. Jackowski, is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational or 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. He was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, 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, Building Owners Management Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is a member of the Construction Law Committee at the New York City Bar Association.

Steven Nudelman

Partner, Greenbaum, Rowe, Smith & Davis, LLP

Mr. Nudelman concentrates his practice in construction law. For over two decades he has represented members of the construction industry across a broad spectrum of matters. He has defended and asserted claims on behalf of owners, developers, condominium associations, general contractors, design professionals, subcontractors, vendors and sureties involved in public and private construction projects throughout the New Jersey and New York metropolitan area. More specifically, Mr. Nudelman has extensive experience handling claims related to payment disputes, construction, design and performance defects, errors and omissions/professional malpractice, code violations, delay and disruption, liens, bonds, public contracting and violations under the New Jersey Consumer Fraud Act. He also maintains an active transactional practice, drafting, reviewing and negotiating construction contracts for his clients with an emphasis on efficiency and practical results.

Barrett Richards

GREYHAWK

Managing Consultant with GREYHAWK
Mr. Richards, CCC, CEP, PSP, is a managing consultant with GREYHAWK, located in Melville. He has over 15 years of experience in project management oversight, preconstruction and construction cost estimating, project planning and scheduling, and claims and litigation support. He currently serves on the NYC Bar Construction Law Committee and is a member of the ABA’s Forum on Construction Law. He has presented on several construction-related topics to a variety of audiences. Mr. Richards has a B.S. degree in construction management from Brigham Young University in Provo, Utah and earned an M.B.A. degree from Hofstra University.

Gary Strong

Partner, Seiger Gfeller Laurie, LLP
Mr. Strong focuses his practice in the areas of construction litigation and professional malpractice defense including representation of design professionals, insurance brokers, real estate agents, lawyers, and accountants in the state and federal courts of New Jersey and New York. He has represented a variety of clients in the construction arena, including project owners, developers, design professionals, general and prime contractors, and specialty trade contractors, in all phases of construction and commercial litigation. Mr. Strong regularly counsels clients during pre-construction and construction phases on issues including contract negotiations, risk management, and disputes. His representation extends to both public and private projects, and addresses payment claims, delay, acceleration, design issues, lien law, bond claims, surety issues, defective work, and wrongful termination.

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 contract documents, types, and terminology

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.

CD/Manual Price: $299.00

Currently, our self-study products DO NOT qualify for AIA, LACES, ASLA or CLARB credit.

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.

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