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         R. Remington

   Examining contract terminology:

      • Parties, consideration, term, performance, substantial performance, breach, remedies, damages

   Understanding types of construction contracts:

      • Payment method

      • Award and selection

      • Project delivery system

      • Number of primes

   Legal description

   Studying roles and relationships of project participants:

      • Owners, architects/engineers, construction managers, contractors, subs and suppliers

   Exploring the law of construction contract interpretation

Reviewing Bidding Documents         J. Dixon

   Invitation

   Bid form

   Instructions

   Bid bond

   Information

   Addenda

Reviewing Contract Documents         R. O’Rourke

   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         P. Truax

   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         M. Wartko

   Changed conditions

   Project documentation

   Delays, acceleration

   Handling payment claims and final payments

   Resolving disputes through mediation, arbitration, litigation

   Understanding contractual and statutory warranties

Credits

Architects

     7.0 HSW Contact Hours
     7.0 AIA HSW Learning Units

Professional Engineers

     7.0 PDHs

Contractors

     Non-Mandatory Cont. Ed.

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 HSW continuing education hours to Ohio architects and 7.0 PDHs to Ohio professional engineers. Educators and courses are not subject to preapproval in Ohio.

The American Institute of Architects has approved this event for 7.0 HSW Learning Units (Sponsor No. J885).

Architects and engineers seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.

This seminar offers contractors a continuing education opportunity, but it has not been submitted to any state contractor licensing entity for continuing education approval.

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

James T. Dixon

Attorney with Roetzel & Andress LPA, in Cleveland, OH

Mr. Dixon is a highly regarded attorney in Cleveland, Ohio, specializing in construction litigation, alternative dispute resolution, and real estate law. He has been recognized as a Super Lawyer for 2012 – 2026, reflecting his expertise and reputation in the legal field. Mr. Dixon graduated from Case Western Reserve University School of Law in 1997 and has been practicing law since then. He is a member of the American Bar Association’s Construction Law Forum and the Founding Chair of the Cleveland Metro Bar Association’s Construction Law Subcommittee, showcasing his commitment to professional development and community service. Mr. Dixon’s practice focuses on helping clients manage risk, resolve disputes, and navigate complex legal challenges in the construction and real estate sectors.

R. O'Rourke

Meyers, Roman, Friedberg & Lewis

Partner at Meyers, Roman, Friedberg & LewisMr. O’Rourke has successfully represented a broad range of subcontractors and suppliers in construction projects including public schools and universities across Ohio, large sporting facilities, water treatment facilities, high rise office buildings, and health care facilities. He represents construction subcontractors and suppliers in the areas of bidding, contract negotiation, change orders, claims and claims avoidance, dispute resolution, mechanics’ liens and bond claims. He has authored the seminal book Ohio Mechanics’ Liens and Materialmen’s Liens third edition, published by the Thompson/Reuters Publishing Company. Mr. O’Rourke speaks frequently on construction law topics for numerous construction trade organizations, both local and national, and for the Ohio State Bar Association (OSBA) and others providing continuing legal education credits to other attorneys. He is an adjunct professor of law at Cleveland Marshall College of Law, Cleveland State University. He was named a 2016 Super Lawyer in Ohio.

Rob Remington

Hahn Loeser & Parks LLP

Partner at Hahn Loeser & Parks LLPMr. Remington serves as a member of Hahn Loeser’s board of directors; chair of HL Construction Law, the firm’s Construction Law Practice Group; and co-chair of the firm’s Litigation Area. He represents general contractors, subcontractors, owners, lenders, material suppliers, design professionals and sureties in a wide variety of construction-related matters. His practice includes acting as regional construction counsel to a Fortune 100 company and representing some of the largest privately-held contractors and owners in the United States. Mr. Remington has significant experience in all aspects of construction disputes, construction contracts, claims management and avoidance, green construction and construction insurance issues. He is a frequent speaker and author on a variety of construction-related topics. He has done extensive training for clients nationally on construction law topics, including construction contracts, claims avoidance and management, project documentation, mechanics liens, bonds, bond claims, and project delivery methods. Mr. Remington is listed in the 2004-15 editions of Chambers USA: Leading Lawyers for Business for Construction Law, the 2008-16 editions of The Best Lawyers in America in the category of Construction Law and Litigation – Construction, and the 2004-16 editions of Ohio Super Lawyers. He is AV® Preeminent™ Rated by Martindale-Hubbell, its highest available rating for legal ability and professional ethics.

Phil Truax

Attorney with Truax Law Group, in Avon, OH

Mr. Truax’s practice includes counseling and representing contractors, subcontractors, material suppliers, owners, and developers in the negotiation and review of contract forms and front-end project documents, as well as bidding and bid protest matters. His previous experience working in the field for general contractors and specialty trades provides him with a depth of practical construction knowledge in advising and counseling clients in the management, prosecution, and defense of claims during construction projects. These claims range from extra work scope claims and insurance coverage issues to claims for differing site conditions, extended general conditions, lost productivity, acceleration and delay. Mr. Truax also routinely files and defends against mechanic’s lien, public lien, and payment bond claims in Ohio and other states. He’s spent the bulk of his career pursuing and defending construction cases in litigation and arbitration.

Matthew Wartko

Hahn Loeser & Parks LLP

Partner at Hahn Loeser & Parks LLPMr. Wartko focuses his practice in the Construction Law Group and Litigation Area. As part of the HL Construction Law Practice Group, he has primarily represented owners, general contractors, subcontractors, and material suppliers in a variety of construction disputes both in the pre-litigation stage and in litigation, including handling mechanic’s lien and bond claims for public and private projects. Mr. Wartko also has experience drafting and negotiating construction contracts.