Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:00 pm

Lunch (On your own):       12:00 – 1:00 pm

Afternoon Session:           1:00 – 5:00 pm

 

Construction Contract Fundamentals         S. Holmberg, P. Spratt

   General overview: No “one size fits all” contract

      • Types of construction agreements

            Prime contract

            Subcontract

            Purchase order

            Master services agreement

      • Owner vs. contractor vs. subcontractor vs. material supplier

      • Public vs. private

      • AIA vs. ConsensusDocs vs. EJCDC vs. custom form

   Key contract provisions

Design Contract Fundamentals         A. Ingraham, W. Ohle

   Key relationships

      • Owner

      • Lead design professional

      • Sub-design professionals

      • General contractor

      • Subcontractors

      • CM/GC

      • Design build

   Key contract provisions

Understanding Issues in Contract Administration         D. Loiselle, W. Ohle

   Good project

      • Chain of command

      • Directives and change orders

      • Sequencing

      • Observations

      • Payment applications/subcontractor payment

      • Corrections to work

      • Final inspection

      • Punch lists

      • Substantial completion and final payment

      • One year inspection

   Bad project

      • General contractor failure

      • Subcontract failure

      • Design error

      • General contractor replacement

      • Subcontractor replacement

      • Design professional replacement

      • Calling on a bond

      • Litigation

Examining Legal Issues and Contract Disputes         Panel: D. Loiselle, A. Ingraham, W. Ohle, S. Holmberg, P. Spratt

   Common disputes

   Dispute documentation

   Informal dispute resolution

   Mediation

   Arbitration

   Litigation

   Multi-forum disputes

   Government disputes

Credits

Architects

     7.0 HSW Contact Hours/CPE Hours
     7.0 AIA HSW Learning Units

Professional Engineers

     7.0 PDHs

Contractors

     7.0 Commercial CE Hours

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 continuing education hours to architects (HSW) and professional engineers in most states, including Oregon. Educators and courses are not subject to preapproval in Oregon.

This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885).

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 rules to determine eligibility.

This seminar offers 7.0 continuing education hours to Oregon commercial contractors. Courses and course providers are not subject to preapproval in Oregon.

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

Stephanie Holmberg

Schwabe, Williamson & Wyatt, Portland

Associate, Schwabe, Williamson & Wyatt, PortlandMs. Holmberg focuses on drafting and negotiating construction contracts on the front end of a project to effectively avoid disputes down the road. She also litigates a wide variety of construction claims. Ms. Holmberg is a former in-house counsel to a national electric utility contractor and has extensive knowledge of the construction industry and the unique issues that project owners and contractors face.

Aukjen Ingraham

Schwabe, Williamson & Wyatt, Portland

Shareholder, Schwabe, Williamson & Wyatt, PortlandMs. Ingraham is an experienced litigator and trial lawyer with more than 13 years of experience in administrative, state, federal, and appellate courts. Her practice focuses on construction defect and contract litigation. Ms. Ingraham also has considerable experience in railroad and transportation law, including property damage and catastrophic injury. Building on her work handling catastrophic injury claims, she now also advises on disaster preparedness, incident response and crisis management.

Darien Loiselle

Shareholder at Schwabe Williamson & Wyatt in Portland, OR
Over several decades as a construction lawyer, Mr. Loiselle has built a comprehensive, solutions-oriented practice as a key leader in Schwabe’s Real Estate and Construction industry group. His clients include owners, general contractors, designers and engineers, specialty contractors, insurers and maritime interests. Mr. Loiselle has extensive experience negotiating agreements, solving complex disputes and representing clients in litigation on major construction and marine projects. He has served as general counsel to the Columbia River Chapter of Associated General Contractors (AGC), chair of the Maritime Commerce Club, a member of AGC’s Foundation Board, counsel to Associated Builders and Contractors, and chair of the Construction and Maritime Sections of the Oregon State Bar.

William J. Ohle

Shareholder, Schwabe, Williamson & Wyatt, Portland
Mr. Ohle has more than 20 years of experience representing clients in construction defect and housing accessibility claims, with an emphasis on claims involving design defects by architects and engineers. He defends design professionals against professional malpractice claims and drafts professional service contracts to minimize the risk of construction disputes and meet the needs of specific design disciplines and projects. Mr. Ohle also represents professional clients before regulatory boards including the Oregon Board of Architect Examiners, the Oregon Board of Examiners for Engineering and the Oregon Electrical and Elevator Board.

Paige B. Spratt

Shareholder at Schwabe, Williamson & Wyatt PC.

Paige B. Spratt combines real world construction experience with legal know-how to help contractors find practical solutions to complex problems. Before attending law school, Ms. Spratt earned a degree in Construction Management and worked as a construction manager for two large commercial contractors and the world’s largest aerospace company. As a result, she is able to understand the business realities her clients face on a daily basis. Ms. Spratt handles arbitrations and lawsuits for issues ranging from lien foreclosures, construction claims, and public contracting to employment disputes and complex breach of contract claims. She strives to help her clients fully understand the litigation process and to present creative, practical solutions. Clients also turn to her for transactional assistance. Ms. Spratt focuses on achieving client goals and mitigating risk in construction contracts, purchase and sale agreements, services contracts, purchase orders, and other legal documents. She is proactive in ensuring that her clients fully understand the contracting process and can take ownership of contract terms.