Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 5:00 pm
Protecting the Project with Bonds and Insurance
T. Bakal
Obtaining construction bonds
• Performance
• Payment
• Alternatives to bonds
Obtaining insurance
• Commercial general liability insurance
• Builder’s risk insurance
• Errors and omissions insurance
• Additional/alternative insurance
Claims and notice issues
Facilitating the Project with Effective Construction Contracting
J. Haftek, Jr.
Understanding the legal rights/duties of project participants: owners,
contractors, design services firms, subcontractors and suppliers
Understanding your project delivery system: design-bid-build,
design-build, construction manager, construction manager-at-risk
Using standard or custom contract documents: AIA, ConsensusDocs, others
Understanding key contract concepts and terms:
performance, breach, warranties, guarantees, indemnity, damages
Modifying contracts and selecting dispute resolution mechanisms
Making Changes and Resolving Disputes
during the Construction Process
T. DeHaut
Making changes to the contract and contracted work
• Types of changes: ordered and constructive changes
• The contract change clause
• Requirements for making changes
• Liability issues
Solving problems during the construction process
Site conditions
• Delays
Disruption
• Acceleration
Accidents
Handling Ethical Issues in Construction, Part 1
W. Jackowski
Avoiding ethical issues during the bidding process
• Gifts, favors and the appearance of impropriety
Your duties to your employer, the project owner, and other project participants
Adopting practices that minimize ethics issues
Handling Ethical Issues in Construction, Part 2
W. Jackowski
Legal and ethical issues in construction practice and disputes
• Group scenarios with real implications
The ethics of safety: fulfilling duties to employees and the public
Incorporating environmental ethics and sustainability into construction
and development projects
Credits
Professional Engineers
7.0 CPC Credits/PDHs
(2.0 Ethics Hours)
Architects
7.0 HSW Continuing Ed. Hours
7.0 AIA HSW Learning Units
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers up to 7.0 CPC credits/PDHs, including up to 2.0 ethics hours, to professional engineers and 7.0 HSW continuing education hours to architects in New Jersey. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700).
This event has been approved by the American Institute of Architects for 7.0 Learning Units (Sponsor No. J885). Courses approved by the AIA qualify for New Jersey architects. Only full attendance can be reported to the AIA/CES.
HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), North Carolina, and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York architects.
This seminar offers a non-credit continuing education opportunity to contractors; it has not been approved in any state that has 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
Todd Bakal
Law Offices of Todd BakalLaw Offices of Todd Bakal, White Plains
Mr. Bakal has helped people with their business and personal legal needs for more than 20 years. During that time, he has focused his practice in the areas of construction, environmental, and general commercial litigation as well as insurance coverage disputes. Outside of the courtroom, Mr. Bakal helps individuals and business owners with real estate, business formation and succession, regulatory work, and trust and estate planning and administration issues. He is a graduate of the University of Michigan, where he double-majored in Philosophy and Computer Science. Mr. Bakal then attended George Washington University Law School. Prior to practicing law, he founded RBI Software, Inc. which specialized in the development of commercial vertical market applications. Mr. Bakal is a member of the New York State Bar Association, the New Jersey State Bar Association, the Westchester County Bar Association, and the New York City Bar Association. He is admitted to the New York and New Jersey bars.
Timothy DeHaut
Giordano, Halleran & Ciesla, P.C.Shareholder, Giordano, Halleran & Ciesla, P.C.
Mr. DeHaut serves as co-chair of the Construction Law & Litigation departments at Giordano, Halleran & Ciesla, P.C. where he maintains a broad-based transactional and commercial litigation practice in New York City and New Jersey. He regularly represents real estate developers, owners, lenders, designers, contractors, subcontractors, and vendors throughout all stages of development – from acquisition, design, and financing to construction, occupancy, and sale. Mr. DeHaut’s transactional practice includes the drafting of construction and design contracts, purchase and sale agreements, loan documents, and related development documents. His practice also includes providing advice on sustainable development, energy efficiency, co-generation; solar facilities, and related incentives. In addition to transactional work, Mr. DeHaut represents clients in litigation, arbitration, and mediation. He advocates for clients in a wide variety of complex commercial disputes, with particular focus on troubled construction projects with the goal of helping clients achieve their objectives in the most efficient, practical, and cost-effective manner. He has assisted in the resolution of cases ranging from a few thousand dollars to hundreds of millions and has significant experience in troubleshooting issues with a hands-on, result-oriented approach.
Joseph R. Haftek, Jr.
Partner with Gartner & Bloom, in Whippany, NJMr. Haftek prides himself on assisting a broad base of clients with a variety a business and legal needs. From years of handling development projects and contract drafting and negotiation to experience in complex commercial disputes, with a focus on construction law, he aims to be the attorney firm clients can rely on to efficiently and effectively address a wide range of concerns. Mr. Haftek handles all phases of commercial and construction law and litigation, including construction defects, construction/municipal mechanics’ liens, public bid protests, delays, extra work, collections, and contract negotiation and drafting. His work has been recognized with selection as a New Jersey Super Lawyers’ Rising Star and Super Lawyer in the area of Construction Litigation, and he is a frequent speaker for attorneys and business professionals on topics ranging from contract drafting to government procurement.
Wojciech “Voytek” Jackowski
Principal and Chair of the Commercial Litigation Practice (North) at Offit Kurman, New York, NYWojciech “Voytek” Jackowski is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational and 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, where he was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, and 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, the Building Owners and Managers Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, the Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is also a member of the Construction Law Committee of the New York City Bar Association.
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 Law and Ethics
Delivery Method: Live
Course Description: This 7.0 hour live lecture presentation examines how bonds and insurance protect the project and owner, effective construction contracting, making changes and resolving disputes during the construction process, and identifying and avoiding ethical pitfalls in construction.
Learning Objectives:
Learning Objective 1:
Learners will be able to identify and obtain necessary insurance and bonds to protect the project and the owner throughout the construction process.
Learning Objective 2:
Learners will be able to determine the best project delivery system for clients, utilize and understand the appropriate construction documents, make changes and resolve disputes, and explain the legal rights and duties of all project participants, in order to assure a satisfactory and completed project.
Learning Objective 3:
Learners will be able to avoid common ethical pitfalls in construction, including ethical issues during the bidding process, gifts, favors and the appearance of impropriety, failing on duties to the project owner and other project participants.
Learning Objective 4:
Learners will be able to identify and avoid ethical scenarios involving safety risks to employees and the public, and they will be able to incorporate environmental and sustainable practices into their construction projects.
LUs: 7.0 LU Type: LU|HSWs.
Prerequisites: Familiarity with construction contracting.
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 05/13/2022
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.