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          M. Johnson
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

   Integrated project delivery

Improving the Project Outcome with Accurate          M. Johnson
and Effective Construction Contracting 

   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

Protecting the Owner and the Project:                R. Nelson
Insurance and Bonding Issues in Construction

   Exculpatory provisions

   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          N. Holmes

   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

Meeting Statutory and Contractual Duties of Design          C. Hawkins
Professionals and Contractors in Green Construction

   General scope of duty

   Public buildings

   Contractual duties under AIA contract documents

   Duties on LEED projects

Handling Ethical Issues in Construction          G. Moore

   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

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          M. Johnson
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

   Integrated project delivery

Improving the Project Outcome with Accurate          M. Johnson
and Effective Construction Contracting 

   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

Protecting the Owner and the Project:                R. Nelson
Insurance and Bonding Issues in Construction

   Exculpatory provisions

   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          N. Holmes

   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

Meeting Statutory and Contractual Duties of Design          C. Hawkins
Professionals and Contractors in Green Construction

   General scope of duty

   Public buildings

   Contractual duties under AIA contract documents

   Duties on LEED projects

Handling Ethical Issues in Construction          G. Moore

   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

Architects
     6.5 HSW CEUs/Contact Hours
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs

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 units/hours to New Hampshire architects and 6.5 PDHs to New Hampshire professional engineers. Attention architects: The session Meeting Statutory and Contractual Duties of Design Professionals and Contractors in Green Construction may be claimed as either a HSW or Sustainable Design hour, but not both.

This seminar is approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885).

Architects and engineers seeking continuing education hours in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state requirements to determine eligibility.Due to New Hampshire-specific content, this course is not eligible for New York continuing education credit.

This seminar offers a non-mandatory continuing education opportunity to building contractors, but it has not been submitted to any state contractor licensing board for continuing education approval.

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

Christopher Hawkins

Devine Millimet & Branch

Of Counsel, Devine Millimet & Branch, P.A.
In his role as a counselor, Mr. Hawkins has advised design professionals and technology businesses on contracts, risk management, policy development, and regulatory matters. His practice has been diverse over his 23-year career, including First Amendment issues, environmental, white collar criminal defense, personal injury, employment, premises liability, and a host of other issues. Mr. Hawkins is admitted to practice in New Hampshire, Massachusetts, Maine and Connecticut, and has litigated cases in each of these states. He has been fortunate to litigate cases in Vermont, Illinois, Kansas, Iowa, Wisconsin, and the United Kingdom.

Nicholas Holmes

Devine Millimet & Branch, P.A.

Shareholder at Devine Millimet & Branch, P.A.Mr. Holmes is a shareholder of the law firm of Devine, Millimet & Branch, PA, with offices in Boston, Massachusetts, and Manchester, New Hampshire. His practice is devoted primarily to construction litigation, representing engineers, architects, and contractors in the litigation and arbitration of disputes in venues across the United States and abroad. Mr. Holmes is the Chair of Division 1 of the ABA Forum on Construction Law (Litigation and Dispute Resolution), and a member of the American Arbitration Association’s Panel of Construction Arbitrators. He received a B.A. degree in History from Cornell University (1981) and a J.D. degree from the University of Wisconsin (1984).

Matthew Johnson

Devine Millimet & Branch, P.A.

Shareholder at Devine Millimet & Branch, P.A.Mr. Johnson’s work is with clients in all phases of real estate projects. He helps negotiate construction contracts and resolve disputes when they arise. Once the building construction is complete, he represents real estate agents, buyers, and sellers in the purchase, sale, and leasing of residential and commercial properties. Individuals, businesses, and organizations of all sizes come to Mr. Johnson for legal help with real estate matters. Those clients include public and private owners, contractors, subcontractors, and suppliers. He is counsel to the New Hampshire Association of Realtors and advises the organization and its members on risk management issues and current legal issues. His experience also involves loan workouts, foreclosures, and bankruptcies.

George Moore

Devine Millimet & Branch, P.A.

Shareholder at Devine Millimet & Branch, P.A.Mr. Moore has been practicing for more than 35 years, mostly in corporate and business litigation. Much of his experience is in real estate, eminent domain, and construction matters. Independently, he spends time mediating cases and sitting as an arbitrator. He is a past president of the New Hampshire Bar Association and the New England Bar Association. The clients Mr. Moore works with are large and small businesses, as well as individuals. Many of his clients are organizations with corporate control and organizational problems, as well as companies and individuals involved in the breakup or merger of their businesses.

Richard Nelson

Devine Millimet & Branch, P.A.

Shareholder at Devine Millimet & Branch, P.A.Mr. Nelson started doing construction litigation in the early 1980s. In the 1990s, he started representing engineers and general contractors who were constructing generating facilities for the electric power industry. As a result,Mr. Nelson has been involved in construction claims arising out of nuclear power plants, coal plants, oil-powered plants, combined cycle gas plants and hydro facilities in the United States as well as in Africa and Asia. More recently, he has represented contractors and engineers in disputes arising out of municipal waste water facilities, water treatment plants and environmental remediation projects. He is a graduate of the University of Massachusetts at Amherst and the Boston University School of Law.