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 Contracts for Different Project Delivery Systems J. Levy
Design-bid-build: the traditional construction process
Design-build: full-service design-build, contractor-led, designer-led, joint venture
Construction manager: as owner’s agent, as CM at risk
The Importance of Accurate and Effective A. Anzelmo, J. Levy
Construction Contracting from Bid to Close Out
Observing bid requirements
Forming contracts
Identifying contract obligations and limitations
The law governing construction contracts:
the Uniform Commercial Code (UCC) and applicable state laws
Subcontract formation and administration
Performance and payment issues
Addressing reaches and declaring defaults
Modifications, Changes and Claims E. Meier
During the Construction Process
The anatomy of changes to the contract and contracted work
• The contract change clause
• Types of changes: ordered by owner, contractor and changes sought by subcontractors
• Requirements for making and recognizing changes
Typical changes during the construction process
• Concealed conditions
• Delays
• Scope disputes
• Acceleration
Contract clauses for addressing disputes
Identifying and Resolving Ethical Issues in Construction L. Gutierrez
Determining qualifications and competence of participants
Integrity of special classes of contractors: DBE, WBE, MBE, etc.
Ethical issues in bid practices
Ethical issues created by payments, liens and lien waivers
Protecting the Owner and the Project: P. Cranley, J. Levy
Insurance and Bonding Issues in Construction
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
7.5 HSW Cont. Ed. Hours
6.5 AIA HSW Learning Units
Professional Engineers
7.5 PDHs
Wisconsin Attorneys
7.5 (1.0 Ethics) CLE Hours
Continuing Education Credit Information
This seminar is open to the public and offers 7.5 HSW continuing education hours to architects and 7.5 PDHs to professional engineers in Wisconsin, based on 50 minute hours. Educators and courses are subject to preapproval in Wisconsin.
Architects: This seminar is approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885). The AIA defines a learning unit as 60 minutes of instruction. Wisconsin defines a continuing education hour as 50 minute hours.
Architects and engineers seeking continuing education hours 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 and continuing education hours.
The Wisconsin Board of Bar Examiners has approved this course for 7.5 CLE hours, including 1.0 ethics hour, for attorneys.
Attendance will be monitored and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Anthony Anzelmo
Husch BlackwellPartner at Husch Blackwell
Mr. Anzelmo specializes in product liability, construction law, insurance issues, and tax disputes. He works closely with product manufacturers and construction companies in assessing and managing claims, contracts, tax issues, liability insurance programs and lawsuits. Mr. Anzelmo represents owners, municipalities and general contractors in various liability and construction disputes, and in insurance coverage risk management. He uses his background of practical and results-oriented insight in risk management to provide a unique way to handle insurance ligation with his clients.
Paul Cranley
Husch BlackwellPartner with Husch BlackwellMr. Cranley is a partner with Husch Blackwell in Madison. He concentrates his practice in commercial litigation. Mr. Cranley’s extensive trial experience includes the defense of contractors in cases involving alleged construction defects, personal injury, and construction liens. Before entering private practice, Mr. Cranley worked in the insurance industry for nine years managing professional and general liability claims. As a lawyer, he frequently consults with construction clients regarding how to protect their businesses through insurance, and he has litigated numerous insurance disputes on behalf of contractors and owners. Mr. Cranley regularly lectures on insurance coverage and other construction law topics at the University of Wisconsin. He earned his undergraduate degree from the University of Notre Dame (BA, 1988) and his law degree from DePaul University (1997).
Leslie Gutierrez
Husch Blackwell LLPAttorney with Husch Blackwell LLP in MilwaukeeMs. Gutierrez is a member of the Real Estate, Development and Construction Strategic Business Unit and the Construction and Design Industry Sector Group at Husch Blackwell. She counsels small, mid and large-sized corporations, family-owned businesses, construction companies, and young entrepreneurs in all legal issues related to their business and industry and in preventing and resolving disputes. As a member of the Construction and Design Industry Sector Group, Ms. Gutierrez assists in the representation of the Firm’s construction clients in all types of litigation matters such as design defect claims, delay and inefficiency claims, contract disputes, and mechanics’ liens and bond claims. She also assists in counseling contractors small and large at every stage in a project, including preventing disputes from becoming litigation.
Joshua Levy
Husch BlackwellPartner at Husch Blackwell
As the Co-Leader of Husch Blackwell’s Construction and Design Group, Mr. Levy specializes in all aspects of construction law. He regularly assists businesses from the onset of planning to the ribbon cutting ceremony. Mr. Levy has represented clients in more than 50 American Arbitration Association hearings, as well as numerous state and federal court and jury trials. He also has served as an arbitrator on the AAA construction industry panel of neutrals for over 10 years. Mr. Levy provides training to design and construction firms and helps his clients navigate the complexities of all types of projects.
Eric Meier
Husch BlackwellPartner with Husch Blackwell in MilwaukeeMr. Meier is a member of the firm’s Real Estate, Development & Construction Industry team. Much of his practice is devoted to construction-related planning, contracting and risk mitigation. Mr. Meier also regularly handles construction-related litigation, including breach of contract claims, defective work, warranty issues and surety bond disputes. He has handled trials, arbitrations, and OSHA violations, and he has appeared before the Armed Services Board of Contract Appeals. Mr. Meier is a multiple time recipient of Wisconsin Super Lawyers’ “Rising Star” distinction and has been recognized as one of The Best Lawyers in America in litigation – construction.