Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 4:30 pm
Accessibility Review and Update
W. Olson
What standards apply and when?
Federal standards
• Accessibility Guidelines for Buildings and Facilities
• Architectural Barriers Act
• Fair Housing Accessibility Guidelines
Finding the Construction Project Delivery System
That’s Right for The Owner and the Project
T. Boeck
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
Ensuring Environmental Compliance During
the Construction Process
P. Barton
Stormwater management and permitting
Federal. state, and local regulatory environment
Lead paint
Air quality preservation
Improving the Project Outcome with Accurate and
Effective Construction Contracting
F.J. Hahn III
Understanding contract terminology
Forming contracts
Understanding contract obligations
The law governing construction contracts:
the Uniform Commercial Code (UCC) and applicable state laws
Subcontract formation and administration
Performance and payment issues
Breach of contract and default
Making Changes and Resolving Disputes During
the Construction Process
G. McConnell
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
Solving problems during the construction process
• Site conditions
• Delays
• Disruption
• Acceleration
• Accidents
Credits
Architects
6.5 HSW CE Hours
6.5 AIA HSW Learning Units
Professional Engineers
6.5 PDHs
Construction Contractors
Non-Mandatory Cont. Ed.
Continuing Education Credit Information
This seminar is open to the public and offers up to 6.5 HSW continuing education hours to architects and 6.5 PDHs to professional engineers in Idaho. Educators and courses are not subject to preapproval in Idaho.
The American Institute of Architects has approved this event for 6.5 HSW Learning Units (Sponsor No. J885). Partial attendance cannot be reported to the AIA.
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 program also offers a non-mandatory continuing education opportunity to construction contractors. It has not been approved by any contractor licensing board with a 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
Peter Barton
Givens Pursley, LLPGivens Pursley, LLP, BoiseMr. Barton is a partner in the law firm of Givens Pursley LLP. He practices environmental, mining, agri-business, and natural resources law. After graduating with an undergraduate degreein Civil and Environmental Engineering from Duke University, Mr. Barton spent more than four years at a consulting engineering firm designing and managing complex projects. He has experience with CERCLA, NEPA, the ESA, the Clean Water Act, the Clean Air Act, the Oil Pollution Act, RCRA, the Safe Drinking Water Act, the FDCA, EPCRA, tribal law, the General Mining Act of 1872, the Mineral Leasing Act of 1920, FLPMA, federal hazardous materials shipping regulations, Idaho’s Hazardous Waste Management Act, Idaho water law, and Idaho’s Local Land Use Planning Act. Mr. Barton assists clients with environmental permitting, defends against federal and state enforcement actions for environmental infractions, and advises on environmental considerations for real property development, including wetlands, stormwater, endangered species, and contaminated properties. He received his J.D. from Harvard Law School.
Tamara L. Boeck
Partner, Stoel Rives LLPFrom “concept through completion” or “dirt to done,” clients have come to rely on Tami Boeck for her pragmatic business approach and 30 years of experience representing a wide variety of clients in all areas of project development. Tami routinely advises owners, developers, and general contractors, primarily in California, Idaho, and Nevada. Whether it is advising clients regarding development insurance risks and coverage disputes, pre-project and project contracting risk management (RM) advice relating to project design and development or construction, or dispute resolution in ADR or litigation, she approaches each matter with a focus on the client’s goal and best interests, utilizing a broad range of practical knowledge for her client’s benefit in mitigating disputes or representing clients in litigation where necessary. Tami’s early background representing insurers in coverage claims has also served her policy-holder clients well regarding project protection and in coverage analysis or disputes. Clients retain Tami for advice on wide-ranging projects, including commercial, all types of residential and mixed-use projects, food processing facilities, as well as construction-related aspects of energy-related developments such as oil and gas, mining, solar, wind, geothermal, biofuel, wastewater treatment, along with other industrial facility development. In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts with risk management processes, she handles construction claims and disputes to resolution, through negotiation and mediation to litigation or arbitration. Tami’s advice for clients also encompasses recommendations and handling of significant business conflicts, addressing project delays, disputes over workmanship and performance deficiency claims, as well as those matters involving various state licensing/lien/bond laws, insurance coverage disagreements with insurers, and claims involving toxic tort, product liability, and catastrophic injuries. With her depth of experience, Tami is able to assist and protect her clients when a pragmatic business resolution is not available. Tami previously served for five years as chair of the firm’s Real Estate, Development & Construction group. For many years, she also served as a member of Stoel Rives’ Pro Bono Committee and Coaching and Mentoring Committee. Before joining Stoel Rives, Tami was a shareholder for eight years at another West Coast regional law firm. She was also one of the founders of that firm’s California offices and its subsequent Nevada offices and served as shareholder-in-charge of its former primary California office.
Frederick Hahn
Bailey, Hahn & JarmanBailey, Hahn & Jarman, Pocatello & Idaho FallsMr. Hahn is a partner with the law firm Bailey Hahn & Jarman, PLLC, which is located in Pocatello and Idaho Falls, Idaho. Mr. Hahn practices primarily in the areas of construction litigation and government contracts. He has represented owners, design professionals, general contractors, and subcontractors, as well as material and equipment suppliers. Mr. Hahn has litigated construction-related cases throughout the Intermountain Northwest in both State and Federal courts. He is a fellow with the Litigation Counsel of America.
Geoffrey McConnell
McConnell Wagner Sykes + Stacey PLLCMcConnell Wagner Sykes + Stacey PLLC, BoiseMr. McConnell has 30 years of experience in general business litigation and construction litigation, representing business owners, general contractors, specialty contractors, developers and subcontractors, in state and federal courts in Idaho, Utah and California, and before federal boards of contract appeals. He has represented clients in arbitration proceedings, and before state and local public works dispute resolution boards. He is licensed to practice law in Idaho, California and Utah. Since 2008, Mr. McConnell has been selected for recognition by The Best Lawyers in America and Mountain States Super Lawyers for his expertise in construction law, litigation and government contracts. He is recognized with an “AV” Peer Review Rating, the highest distinction in Martindale-Hubbell’s Peer Review Rating System. Mr. McConnell received his Juris Doctorate degree from University of the Pacific, McGeorge School of Law, and his B.A. degree from Bucknell University. He is a member of the American Bar Association Section on Public Contract Law and the Forum Committee on the Construction Industry. Mr. McConnell is a frequent author and lecturer for the Associated General Contractors, Idaho Business Review, National Electrical Contractors Association, Sheet Metal and Air Conditioning Contractors’ National Association, and ASHRAE.
Wendy Olson
Stoel Rives LLPStoel Rives LLP, BoiseMs. Olson, a former U.S. Attorney for the District of Idaho, is a partner in the Boise office of Stoel Rives, LLP. She focuses her practice on government investigations, white collar criminal defense and civil litigation. In her 24 years with the U.S. Department of Justice before joining Stoel Rives, Ms. Olson served as a prosecutor in the Civil Rights Division, as assistant to the legal director of the National Church Arson Task Force, and as the health care fraud coordinator for the District of Idaho. As U.S. Attorney, she started the office’s affirmative civil rights practice focusing on Americans with Disabilities Act (“ADA”) compliance. She was co-chair of the Attorney General’s Advisory Committee, Civil Rights Subcommittee. Ms. Olson, an Idaho native, received her B.A. degree in News Editorial Journalism from Drake University and her J.D. degree from Stanford Law School.