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             M. Rowley
and Alternative Project Delivery Systems 

   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

Accurate and Effective Construction Contracting          J. Steckler

   Understanding contract terminology

   Forming contractsUnderstanding 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          T. Radio

   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

      • Accidents

      • Accelerations

Identifying and Resolving Ethical Issues in Construction          M. Gherty

   Determining qualifications and competence of participants

   Preventing conflicts of interest and the appearance of impropriety

   Identifying ethical issues in bid practices

   Handling ethical issues created by constructive and ordered changes

   Handling ethical issues created by payments, liens and lien waivers

Insurance and Bonding Issues in Construction          A. Bergstrom

   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 Contact Hours (PDHs)
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs (Includes 1.0 Ethics Hour)

Contractors
     Voluntary Continuing Ed.

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 Minnesota, including 1.0 Ethics hour. Educators and courses are not subject to preapproval in Minnesota.

This seminar is approved by the American Institute of Architects for 6.5 HSW Leaning Units (Sponsor 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.

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

Adina R. Bergstrom

Founding Partner of Sauro & Bergstrom, PLLC, a plaintiff’s firm located in Oakdale, Minnesota.
With a background in insurance claims and regulatory compliance, Ms. Bergstrom has decades of experience analyzing, resolving, and litigating insurance claim disputes and construction matters both as a plaintiff’s attorney and formerly as staff counsel for several large insurance companies. She regularly handles insurance appraisals, arbitrations, and litigation at both district and appellate courts in Minnesota and elsewhere. She serves as an AAA arbitrator, as well as an expert on insurance coverage and bad faith issues. Ms. Bergstrom is an active member of several national organizations, including the National Association of Public Insurance Adjusters and the American Bar Association’s Tort and Insurance Practice Section, where she is the current chair of the Property Insurance Litigation Committee. Ms. Bergstrom was named by Minnesota Law and Politics as a Rising Star in 2011, 2012, and 2013 and as a Super Lawyer in 2014 – 2021.

Molly Gherty

Felhaber Larson

Attorney with Felhaber LarsonMs. Gherty focuses her practice in the areas of business and corporate organizations, real estate and intellectual property. She enjoys helping clients swiftly achieve their business goals in order to enhance their development and business activity. Detail-oriented, personable and client-centric, Ms. Gherty excels at translating clients’ goals into legal realities. She received her J.D. degree from the University of St. Thomas School of Law, magna cum laude, in 2011. Ms. Gherty was named a 2014 Rising Star by Super Lawyers.

Thomas Radio

Felhaber Larson

Attorney with Felhaber LarsonMr. Radio is a member of the firm’s Construction, Litigation and Dispute Resolution, and Real Estate practice areas. He provides a range of services and creative solutions for corporations, individuals, non-profit organizations, and public entities on issues related to construction, real estate valuation, and land use. He has acted as counsel for both private and public entities on construction, land use, eminent domain, and land valuation matters. He has represented owners and developers who sought governmental approvals, and faced special assessment and eminent domain proceedings. For those in the construction industry, Mr. Radio has been adept at negotiating construction contracts, litigating payment, delay, and defect claims and resolving bid disputes. He serves as a mediator and arbitrator, and he is listed on the Minnesota Supreme Court’s Rule 114 roster of qualified neutrals.Mr. Radio has been named a certified civil law trial specialist and certified real property law specialist by the Minnesota State Bar Association and has been recognized as a Minnesota “Leading Attorney” and Super Lawyer by Minnesota Law and Politics. He has also achieved an AV Preeminent rating from Martindale-Hubbell.

Michael Rowley

Goetz & Eckland P.A.

Attorney with Goetz & Eckland P.A. in Minneapolis
Mr. Rowley primarily practices in commercial and residential construction defect litigation. He has extensive experience representing all types of parties, including cities and school districts, private owners, design professionals, contractors, and their insurance companies. He has drafted and defended numerous construction contracts for commercial and residential projects. His practice includes analysis and motions involving contractual indemnity and insurance coverage related to construction projects. He is a frequent speaker on construction defect topics to insurance industry groups and in continuing legal education seminars. Mr. Rowley is a board member of the Construction Section of the Minnesota State Bar Association. He is named a Minnesota Super Lawyer by Minnesota Law & Politics.

Jon Steckler

Madigan, Dahl & Harlan, P.A.

Mr. Steckler’s practice is focused on commercial and business law and related litigation and appeals. Serving as general corporate counsel for companies in various industries, Mr. Steckler regularly advises clients on a broad range of issues facing businesses on a day-to-day basis. He advises on and prepares complex commercial contracts, franchise agreements, distribution contracts, construction contracts, non-compete agreements, commercial leases, and asset and stock purchase agreements. In addition to representing clients in general commercial, corporate and operational matters, Mr. Steckler represents companies and individuals in state and federal courts, licensing, and regulatory tribunals and in alternative dispute resolution in jurisdictions nationwide. Assessment and management of risk for clients on wide-ranging operational and strategic issues, timely issue spotting and front-end problem solving are among Mr. Steckler’s core strengths.