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

Comparing Standardized Construction Documents          R. Davies

   American Institute of Architects

   ConsensusDocs

   Engineers Joint Contract Documents Committee (EJCDC)

Understanding Construction Contract Essentials          W. Zimolong

   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. Spang

   Invitation

   Bid form

   Instructions

   Bid bond

   Information

   Addenda

Understanding Issues in Contract Administration          W. Testa

   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          N. Fox

   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 up to 7.0 HSW continuing education hours to architects and 7.0 PDHs to professional engineers in Pennsylvania. Educators and courses are not subject to pre-approval in Pennsylvania.

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 do so, in most cases. Refer to specific state rules to determine eligibility. Due to state-specific course content, this course is not eligible to New York architect and engineer continuing education credit.

This program offers a non-mandatory continuing education opportunity to construction contractors. 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

Richard J. Davies

Hon. AIA Partner, Milber Makris Plousadis & Seiden, LLP
Mr. Davies’ practice is focused on the representation of engineers, architects, and other design professionals, as well as scientists and designers/manufacturers of complex products. Mr. Davies regularly handles cases involving errors and omissions affecting façade, structural, mechanical, plumbing, and fire protection systems, as well as accessibility (claimed violations of ADA, FHA, state or local accessibility requirements) in industrial, commercial, and residential buildings. He also handles schedule impact (such as delay, acceleration, and inefficiency) and extras claims, licensing prosecutions, and serious personal injury/wrongful death claims arising from construction projects. He serves as a lecturer on Contracts at the Thomas Jefferson University College of Architecture and The Built Environment. Mr. Davies and his partners in Pennsylvania are the Contributing Authors of the Pennsylvania section of the Cumulative Supplement of the State-By-State Guide to Design and Construction Contracts and Claims (Second Edition) published by Wolters Kluwer. He serves as Counsel to the Philadelphia Chapter of the American Institute of Architects (AIA) and as Counsel to The Carpenters’ Company of the City and County of Philadelphia. Mr. Davies is a Member of the Board of The Philadelphia Center for Architecture & Design (having served as its chairman for 5 years). He serves as a member of the Legal Reform Task Force for the Government Affairs Committee of AIA’s Pennsylvania Chapter working on legislative changes to positively affect the design community. He is a member of the American Council of Engineering Companies (ACEC) Legal Counsel Forum, a member of the Claims and Litigation Management Alliance (CLM), and a Charter Fellow of the Construction Lawyers Society of America (CLSA).

Nathan Fox

Offit Kurman Attorneys at Law

Nathan Fox of Offit Kurman Attorneys at Law is a real estate, construction, and business lawyer. He represents developers, homebuilders, property owners, business owners, and construction clients in transactions and zoning and land development proceedings. He brings uniquely practical experience from his time as a project manager for two luxury homebuilders to zoning, land development, and construction matters. He has successfully represented and appeared on behalf of clients in the state and federal courts of Pennsylvania and New Jersey, as well as before various municipalities in southeastern Pennsylvania, the Lehigh Valley, and New Jersey. Mr. Fox also represents financial institutions in commercial loan documentation. He works to bring a practical business-minded approach to all transactions on behalf of his clients. In addition to his private clients, Mr. Fox has served as the solicitor for Perkasie Borough, Chalfont Borough, and the Quakertown Borough Zoning Hearing Board, and has represented several other public entities. He has spoken to business groups and taught continuing education sessions in the construction industry.

Jason Spang

Pepper Hamilton LLP

Pepper Hamilton, LLP – Philadelphia, PA
Mr. Spang focuses his practice on construction-related matters. He represents clients in each phase of the construction process, including contract negotiation and formation, project counseling and dispute avoidance, and formal dispute resolution. His practice involves public and private construction and both domestic and international projects. Before receiving his law degree, Mr. Spang held various roles in the construction industry, working for a general contractor, a construction manager and a consulting firm. He holds a professional engineering license in the State of New Jersey and is a U.S. Green Building Council LEED® Accredited Professional.

Wendy Testa

Partner at Wilson Elser

Ms. Testa focuses her legal practice on insurance coverage and defense litigation as well as risk management services in the areas of professional liability; construction/construction defects; general liability; product liability; contract drafting, negotiating and disputes; and employment practices. She has also litigated matters alleging violations of the Fair Debt Collection Practices Act and advised clients on best practices in this area of the law. Ms. Testa is experienced in the defense of architects, engineers and surveyors and is a member of the firm’s design professional practice. She performs contract review and drafting services for design professionals and engages in contract negotiations on behalf of these clients. Ms. Testa received her J.D. degree from Widener University School of Law.

Wally Zimolong

Zimolong LLC

Attorney at Zimolong LLC in Philadelphia
Mr. Zimolong is one of Super Lawyer Magazine’s “rising stars” in construction litigation, and he has dedicated his entire legal career to representing individuals and companies in the construction industry. He has successfully litigated hundreds of construction-related cases and has counseled clients nationwide on developing and constructing highways, multifamily apartment buildings, professional and collegiate sports stadiums, schools, and uniform planned communities. He has a particular emphasis on representing transportation contractors subject to federal and state disadvantaged business enterprise (D/M/WBE) regulations and other regulatory regimes. He is a frequent author and speaker on the impact of these programs on construction firms and has a nationwide DBE practice.