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: Finding the Framework That’s Right for the Owner and the Project
G. Gerstner
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: contractor-led, designer-led, joint venture
Construction manager and construction manager-at-risk
Protecting the Owner and the Project: Insurance and Bonding Issues in Construction
R. Pitkin
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
Making Changes and Resolving Disputes during the Construction Process
R. Rhyne
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
Improving the Project Outcome with Accurate and Effective Construction Contracting
J. Kennard
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
Handling Ethical Issues in Construction
W. DeBauche
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
Credits
Professional Engineers
6.5 PDHs
Architects
6.5 PDHs (CE HSW Hours)
6.5 AIA HSW Learning Units
Attorneys
7.5 Kansas CLE Hours
7.8 Missouri CLE Hours
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 PDHs to Kansas professional engineers and architects. Educators and courses are not subject to preapproval in Kansas.
This seminar is approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
Engineers and architects 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 provides a non-credit continuing education opportunity to contractors. It has not been submitted to any state contractor licensing board for continuing education approval.
This course has been approved by the Kansas CLE Commission for 7.5 CLE hours (0 ethics) and the Missouri Bar for 7.8 CLE hours (0 ethics), for attorneys.
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
William DeBauche
Brown and Ruprecht, P.C.Brown and Ruprecht, P.C., Kansas City, MO
Mr. DeBauche is an attorney and shareholder with the law firm of Brown and Ruprecht, P.C., of Kansas City, Missouri. He has 35 years of experience in Kansas City as an attorney, representing parties in construction litigation in state and federal courts, before the Boards of Contract Appeals and in arbitrations. He regularly assists contractors, subcontractors, suppliers and designers with preparation of mechanic’s liens and bond claims, review and preparation of contracts, preparation of notice and claim documents, and general day-to-day advice. From 1994 to the present, Mr. DeBauche has taught Construction Law as an adjunct law professor at the University of Missouri-Kansas City School of Law. He has prepared several articles for Modern Builder on construction law topics. He has taught numerous seminars for the Builders’ Association and other groups on mechanics’ liens, federal contract claims, construction arbitrations, payment issues, extra work and changes, claims against bonds, construction contract documents, ethics issues and bidding issues.
Jeffrey Kennard
Scharnhorst Ast Kennard Griffin, PCScharnhorst Ast Kennard Griffin, PC, Kansas City, MO
Mr. Kennard is a shareholder of Scharnhorst Ast Kennard Griffin, PC, in Kansas City, Missouri. He chairs the firm’s Construction and Design Practice Group and serves as its chief information officer. For more than two decades, Mr. Kennard has represented owners, design-builders, general contractors, subcontractors, and design professionals of all types and sizes – from publicly-traded international companies to small local businesses and individuals – on a wide variety of construction-related matters. He has previously served as the president of the Construction Law Section of the Kansas Bar Association and the Construction Law Committee of the Kansas City Metropolitan Bar Association. In addition to being an advocate and counselor for his clients, Mr. Kennard also serves as a mediator and arbitrator and is a member of the American Arbitration Association’s National Panel of Construction Arbitrators.
Robert Pitkin
Horn Aylward & Bandy, LLCHorn Aylward & Bandy, LLC, Kansas City, MOMr. Pitkin is an attorney with Horn Aylward & Bandy, LLC in Kansas City, Missouri, where he focuses on construction matters and business disputes. He is a graduate of Wheaton College and Wake Forest University School of Law and is admitted to practice in the federal and state courts in both Missouri and Kansas. He is also active in various bar association and construction industry organizations, including the Design-Build Institute of America and Associated Builders and Contractors. He has been listed in The Best Lawyers in America in the area of construction litigation since 2010.
Richard Rhyne
Lathrop & Gage LLPLathrop Gage LLP, Kansas City, MOMr. Rhyne is a member of the Construction Law Group of Lathrop Gage LLP. He has more than 40 years of experience in successfully representing construction contractors, owners, insurance and surety bond companies and other corporate clients in multimillion dollar construction cases, as well as general litigation and commercial law matters. Mr. Rhyne was named as the Kansas City, Missouri Litigation–Construction Lawyer of the Year 2013 by The Best Lawyers in America. He is a Charter Fellow of the Construction Lawyers Society of America. He obtained his J.D. degree, with distinction, from the University of Missouri-Kansas City and his B.S. degree in Business Administration from the University of Missouri. Mr. Rhyne has over 25 years of experience as an arbitrator and mediator.
Greg Whiston
Seigfreid Bingham, PC, Kansas CitySeigfreid Bingham, PC, Kansas CityMr. Whiston practices construction law and commercial litigation. He joined Seigfreid Bingham, PC in 2012 and became a shareholder in 2017. Mr. Whiston has handled a wide variety of construction disputes including mechanic’s liens and payment bond claims, delay claims and construction defect claims. Mr. Whiston also routinely reviews and drafts construction contracts on behalf of owners, contractors, subcontractors, and suppliers. Mr. Whiston has successfully handled construction cases in various state and federal courts and arbitration.