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 – 4:30 pm

Construction Contracting in Traditional and
Alternative Project Delivery Systems
S. McNally, T. Vitale

   Legal rights/duties of construction entities: contractors,
      design services firms, subcontractors and suppliers
   Design-bid-build: entering into construction contracts and
      agreements in the traditional construction process
   Design-build: entering into contracts and agreements
      Contractor-led, designer-led, joint venture, and developer-led projects
   Integrated project delivery

Improving the Project Outcome with Accurate and Effective 
Construction Contracting
S. McNally, T. Vitale

   Understanding contract terminology
   Forming contracts
   Understanding contract obligations
   The law governing construction contracts:
      the Uniform Commercial Code (UCC) and applicable state laws
   Top ten contract provisions to look over
   Risk mitigation and managementInternal risks
   External risks
   Risk mitigation and management
   Subcontract formation and administration
   Performance and payment issues (MDOT work, other public work,
      and private work)
   Breach of contract and default
   Upstream contract risk, risk allocation and risk management

Making Changes and Resolving Disputes During
the Construction Process
S. McNally

   Making changes to the contract and contracted work
      • The contract change clause
      • Types of changes: ordered and constructive changes
      • Requirements for making changes
      • Liability issues
   Resolving disputes during the construction process
      • Site conditions
      • Delays
      • Disruption
      • Acceleration
   Accidents
   Change order management
   The process
   Change order costs frequently overlooked
   Documenting costs, notification, and limiting risks arising
      From hidden waivers

Protection Under the Michigan Construction Lien Act
T. Vitale

   The Purpose of the Michigan Construction Lien Act
   Interplay of Michigan Building Contract Fund Act
   Lease issues
   Residential licensing
   Construction lien priority
   Attorney fees relating to construction lien

Insurance and Bonding Issues in Construction
S. McNally, T. Vitale

   Types of construction bonds
      • Performance
      • Payment
      • Alternatives to bonds
   Types of insurance
      • Commercial general liability insurance
      • Builder’s risk insurance
      • Errors and omissions insurance
      • Additional/alternative insurance
   Claims and notice issues

Credits

Architects
     6.5 HSW Contact Hours
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers up to 6.5 HSW continuing education/contact hours to architects and 6.5 PDHs to professional engineers in Michigan. Educators and courses are not subject to pre-approval in Michigan.

This course has been approved by the American Institute of Architects for 6.5 HSW Learning Units (Provider 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 non-credit continuing education opportunity; 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

Sean McNally

Pepper Hamilton LLP

Pepper Hamilton LLP, DetroitSean P. McNally is a partner in the Commercial Litigation Practice Group of Pepper Hamilton LLP, resident in the Detroit office. Mr. McNally focuses his practice on the construction, manufacturing and real estate industries, and he advises clients on mitigating and reducing risk related to overall business planning or individual transactions. As a commercial trial and appellate litigator, he has experience in both state and federal court, and he represents businesses in structuring and negotiating complicated or high-risk transactions. In construction and real estate litigation matters, Mr. McNally’s clients have included owners, real estate developers, general contractors, subcontractors and suppliers. He also has experience handling transactional matters in the automotive, construction and real estate areas, including supply agreements, commercial transactions, accommodation agreements, construction contracting, risk mitigation, real estate development, project financing and commercial leasing. Prior to joining Pepper, Mr. McNally was leader of the Construction Practice Group and Automotive Industry Group at Kotz Sangster. He served on Kotz Sangster’s board of directors and was general counsel to the firm.

Thomas Vitale

Kotz Sangster Wysocki P.C.

Kotz Sangster Wysocki P.C., Grand RapidsMr. Vitale is an attorney in the Grand Rapids office of Kotz Sangster. Mr. Vitale works primarily with business owners in the construction, real estate, and manufacturing industries on reducing risk related to business planning as well as business transactions. As a commercial trial lawyer, Mr. Vitale has extensive commercial trial and appellate experience. Kotz Sangster’s clients run fast-paced businesses. When they encounter legal challenges, the firm is ready. Mr. Vitale responds with sound legal advice and works with his clients to develop a winning strategy, keeping them on track.