Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 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
James Dixon

   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
Gabrielle Kelly

   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
Phil Truax

   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

Ensuring Environmental Compliance during the Construction Process
Meagan Moore

   Stormwater management
   Erosion and sedimentation control
   Water quality preservation
   Air quality preservation

Improving the Project Outcome with Accurate and Effective Construction Contracting
J. Norman Stark

   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

Credits

Architects
     6.5 HSW Continuing Ed. Hours
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs

Construction Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This live lecture presentation is open to the public and offers 6.5 HSW continuing education hours to architects and 6.5 PDHs to professional engineers in Ohio. Educators and courses are not subject to preapproval in Ohio.

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.

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 a non-credit continuing education opportunity to contractors. It has not been approved by any state contractor licensing entity for mandatory continuing education credit.

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

James T. Dixon

Attorney with Roetzel & Andress LPA, in Cleveland, OH

Mr. Dixon is a highly regarded attorney in Cleveland, Ohio, specializing in construction litigation, alternative dispute resolution, and real estate law. He has been recognized as a Super Lawyer for 2012 – 2026, reflecting his expertise and reputation in the legal field. Mr. Dixon graduated from Case Western Reserve University School of Law in 1997 and has been practicing law since then. He is a member of the American Bar Association’s Construction Law Forum and the Founding Chair of the Cleveland Metro Bar Association’s Construction Law Subcommittee, showcasing his commitment to professional development and community service. Mr. Dixon’s practice focuses on helping clients manage risk, resolve disputes, and navigate complex legal challenges in the construction and real estate sectors.

Gabrielle Kelly

Brouse McDowell, LPA

Partner with the Insurance Recovery and Litigation Practice Groups at Brouse McDowell, LPAWorking primarily in the area of insurance coverage, Ms. Kelly counsels and represents policyholders in various disputes, including bad faith, environmental, property, director and officer claims, and construction liabilities. Further, she has represented clients at all stages of litigation in various matters, including construction, premises and product liability cases, and complex business disputes. She has a J.D. degree from Case Western Reserve University and a B.A. degree in sociology and political science from Boston University.

Meagan Moore

Brouse McDowell, LPA

Partner with Brouse McDowell, LPAMs. Moore has developed a broad knowledge of environmental laws and regulations and advises her clients on ways to avoid or eliminate environmental issues that could prevent them from reaching their corporate growth goals. As a partner at Brouse McDowell, she provides regulatory compliance support to the firm’s industrial and municipal clients in matters relating to water, air, solid waste, and hazardous waste, and when compliance issues escalate she has successfully negotiated with state and federal agencies to resolve enforcement matters to her clients’benefit. Ms. Moore also has experience in assisting clients in reducing exposure to environmental liabilities in corporate and real estate transactions. She works with clients, whether buying or selling companies or pieces of real estate, to achieve a clear picture of potential environmental liabilities at issue, and then works to draft and negotiate contract language to minimize environmental risks. She also has experience in securing environmental liability insurance. In real estate matters, Ms. Moore has worked with clients to secure the purchase of blighted property and has been actively involved in moving many such sites through Ohio’s Voluntary Action Program.

J. Stark

J. Norman Stark Offices

Speaker, Attorney and Architect Emeritus at J. Norman Stark OfficesMr. Stark is an attorney-at-law, an architect emeritus, (AIA, NCARB), registered landscape architect (OH), mediator, arbitrator and litigator, with more than 40 years of combined professional experience and practice, beginning as a trade carpenter in 1952. Mr. Stark is an experienced trial attorney with a professional specialty as an architect. In his combined professions, he has tried, won, and resolved more than 5,000 contested cases, claims and legal matters, serving clients and providing other attorneys with forensic architect expertise and expert witness services from his office in Cleveland, Ohio.

Phil Truax

Attorney with Truax Law Group, in Avon, OH

Mr. Truax’s practice includes counseling and representing contractors, subcontractors, material suppliers, owners, and developers in the negotiation and review of contract forms and front-end project documents, as well as bidding and bid protest matters. His previous experience working in the field for general contractors and specialty trades provides him with a depth of practical construction knowledge in advising and counseling clients in the management, prosecution, and defense of claims during construction projects. These claims range from extra work scope claims and insurance coverage issues to claims for differing site conditions, extended general conditions, lost productivity, acceleration and delay. Mr. Truax also routinely files and defends against mechanic’s lien, public lien, and payment bond claims in Ohio and other states. He’s spent the bulk of his career pursuing and defending construction cases in litigation and arbitration.