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
R. Ruesch

   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
G. Ritter, S. Walton

   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 insuranceClaims and notice issues

Making Changes and Resolving Disputes During the Construction Process
J. Languet

   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

Overview of 2017 AIA Contract Documents (60 min)
B. O’Rourke, R. Farnum, R. Hatch

   Brief AIA contract document overview
   Updates to the 2017 AIA documents
   Sustainable project and insurance exhibits
   Other considerations specific to green projects

Handling Ethical Issues in Construction
R. Ruesch, J. Giffune

   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

Architects
     6.5 CE Hours (HSW)
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs

Maine Attorneys
     6.5 CLE Hours (1.0 Ethics)

Continuing Education Credit Information

This seminar is open to the public and offers 6.5 HSW continuing education hours to architects and 6.5 PDHs to professional engineers in many states, including Maine engineers. Educators and courses are not subject to preapproval in Maine.

The American Institute of Architects has approved this event for 6.5 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.

Architects and engineers seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in many cases. Refer to specific state rules to determine eligibility.

This seminar also offers a continuing education opportunity for contractors, but it has not been approved by any state contractor licensing entity.

The Board of Overseers of the Bar has approved this activity for 6.5 CLE hours, including 1.0 ethics hour, for Maine 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

Rebecca Farnum

Thompson Bowie & Hatch LLC

Partner at Thompson Bowie & Hatch LLC in PortlandMs. Farnum specializes in construction litigation and professional liability defense for design professionals, health care facilities and practitioners, and attorneys. She represents her clients in federal and state courts, in both jury and non jury cases, before arbitration, regulatory and administrative panels, and mediations. In addition to providing legal representation to professionals when sued, she provides pre-claim legal guidance, risk management and contract review services to her clients.

John Giffune

Verrill Dana, LLP

Partner at Verrill Dana, LLP in PortlandMr. Giffune is a member of Verrill Dana, LLP’s Construction Law and Litigation Practice Groups. He has experience representing owners, contractors, subcontractors, suppliers and design professionals in litigation in the state and federal courts of Maine and Massachusetts, as well as arbitration and mediation proceedings. His practice includes the drafting and negotiating of design and construction contracts for traditional design-bid-build projects, as well as projects using alternative delivery methods including design-build. Mr. Giffune represents businesses and individuals in connection with a variety of commercial disputes. He co-wrote the Maine chapter of a book published by the ABA titled Performance Bond Manual and holds a B.S. degree in Mechanical Engineering from Syracuse University.

Robert Hatch

Thompson Bowie & Hatch LLC

Partner at Thompson Bowie & Hatch LLC in PortlandMr. Hatch is engaged in all aspects of civil litigation in both state and federal court, with a particular focus on professional liability and municipal liability defense, insurance coverage disputes, construction litigation, and alternative dispute resolution. Prior to entering private practice he completed a judicial clerkship with Donald G. Alexander, Associate Justice of the Maine Supreme Judicial Court.

Jon Languet

Languet Law

Founder of Languet Law in TopshamMr. Languet has been practicing law since 2007, specializing in construction law after spending over 30 years in the construction business both as a general contractor and as a masonry subcontractor. During his career in construction, Mr. Languet operated as J.A. Languet Construction, Inc., which was a major player in institutional and commercial general contracting throughout the State of Maine, constructing schools, laboratories, office buildings, and other commercial buildings. In 1998 Mr. Languet decided to make a career change to pursue a law degree. While completing his undergraduate education in accounting and business administration at Thomas College he provided consulting services to construction companies in Maine and Massachusetts. In 2007, Mr. Languet received his J.D. degree from the University of Maine Law School and opened a law office in Topsham, Maine providing legal advice and representation to owners, contractors, and subcontractors.

Brendan O’Rourke

Thompson Bowie & Hatch LLC

Associate at Thompson Bowie & Hatch LLC in PortlandMr. O’Rourke practices in the areas of professional liability, civil rights and municipal liability and property and casualty defense. He has defended design professionals, contractors, and subcontractors in construction disputes in both state and federal court. Mr. O’Rourke also serves as defense counsel to healthcare professionals throughout Maine, in both malpractice actions and claims brought against them pursuant to 42 U.S.C. § 1983. In addition to defending clients in their professional capacities, he also represents individuals and businesses against property and casualty claims.

Gregg Ritter

Clark Insurance

Vice President of Professional Liability Insurance at Clark Insurance in PortlandMr. Ritter has been in the insurance industry for over 25 years. He originally was a property and casualty claims manager in Seattle, Washington. Over the past 15 years, he’s been a senior account executive at Clark Insurance in Portland, Maine, specializing in professional liability insurance for design professionals throughout Maine and New Hampshire. He is a frequent presenter on professional liability insurance at workshops throughout northern New England. Mr. Ritter is a vice president at Clark Insurance. He is also a member of ACEC, AIA, PLAN and the Portland Society of Architects. Mr. Ritter is a graduate of the University of Vermont and a board member for the Portland-based non-profit organization, Portland Educational Foundation.

A. Ruesch

Verrill Dana, LLP

Partner with Verrill Dana, LLP, in Portland
Mr. Ruesch is chair of the firm’s Litigation & Trial Department and is chair of the Construction Law Group. He focuses on construction, design and surety law where he counsels his clients through all aspects of the construction process, including contract negotiation, procurement, bid protests, claims management and avoidance as well as dispute resolution. Mr. Ruesch has been included in The Best Lawyers in America for excellence in his practice since 2003. He is also a member of the ABA’s Forum on the Construction Industry, and the ABA’s Fidelity and Surety Law Section and Tort and Insurance Practice Section. Mr. Ruesch co-wrote the Maine Chapter of State-by-State Guide to Construction Contracts and Claims (Aspen Publishers) as well as the Maine Chapter of the ABA’s Performance Bond Manual.

Shannon Walton

Clark Insurance

Bond Account Executive at Clark Insurance in PortlandMs. Walton, a native of Farmington and resident of Cumberland, is a graduate of the University of Southern Maine. She has more than a decade in the surety bond business and 14 years in commercial banking. She has been active in her community as a volunteer and fundraiser. Ms. Walton is a member of the Associated General Contractors of Maine (AGC), Associated Builders & Contractors of Maine (ABC), Construction Financial Management Association, Maine Better Transportation Association and the Maine Asphalt Pavement Association.