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

Finding the Construction Project Delivery System          M. Durham
That’s Right for The Owner and the Project

   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

Improving the Project Outcome with Accurate          D. Lund III
and Effective Construction Contracting 

   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          A. D. Clary
during the Construction Process

   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          M. Durham
Professionals and Contractors in Green Construction

   General scope of duty

   Public buildings

   Contractual duties under AIA contract documents

   Duties on LEED projects

Protecting the Owner and the Project:                T. Lindsay
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
     6.5 HSW CEHs (Contact Hours)
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs

Contractors
     Non-Mandatory CE

Continuing Education Credit Information

This seminar is open to the public and offers up to 6.5 HSW continuing education hours to architects and 6.5 PDHs to professional engineers in all states.

The American Institute of Architects has approved this event for 6.5 HSW Learning Units (Sponsor No. J885). The Louisiana State Board of Architectural Examiners accepts programs approved by the American Institute of Architects.

HalfMoon Education is an approved continuing education provider for Louisiana engineers.

HalfMoon Education is an approved continuing education sponsor for architects in Florida (Sponsor No. 0001388) and is deemed an approved sponsor in New York. HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Sponsor No. 0004647), Indiana, Maryland, New Jersey, New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.

This course offers a continuing education opportunity for construction contractors, but it is not approved in any state with a contractor continuing education requirement.

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

Albert Dale Clary

Partner at Long Law Firm, LLPMr. Clary clerked for Judge Frank Foil on the 19th Judicial District Court in East Baton Rouge Parish early in his career. He worked as an associate attorney and then partner for Franklin, Moore & Walsh in Baton Rouge. Mr. Clary’s career has primarily been devoted to design and construction disputes, and his clients include architects, engineers, developers, construction firms, and public agencies. He has broad experience in technical matters in document-intensive cases. Mr. Clary is experienced in early mediation and other early settlement approaches that can help avoid the expense of litigation. He is a certified arbitrator and mediator for the American Arbitration Association. He has served as counsel on more than 250 professional liability, construction litigation, and personal injury cases using alternative dispute irresolution and as an arbitrator or mediator in approximately, 50 disputes.

Michael Durham

Bernhard Energy

General Counsel at Bernhard EnergyMr. Durham has been practicing law since 2002, with extensive experience in energy, construction, economic development, litigation, and taxation and tax credit development. He has successfully litigated numerous complex energy and construction matters before state and federal courts in Louisiana and Colorado. Mr. Durham has represented Fortune 500 companies and other entities on the legal, technical and financial aspects of energy and construction development projects, including procurement and land use planning negotiations, and the structuring of complex financial vehicles intertwining conventional financing with economic development and tax credit initiatives. Mr. Durham has been instrumental in the drafting and passage of federal and state energy and tax legislation. In 2011, he negotiated and teamed with clients to jointly structure the first state energy efficiency performance contract in Louisiana since 2003.

Tamara J. Lindsay

Associate at Coats Rose, P.C.Ms. Lindsay is an associate in the Construction Litigation practice group in the New Orleans office of Coats Rose. Her practice focuses on representing owners, general contractors and subcontractors on all aspects of construction and surety related matters, from contract inception through alternative dispute resolution and litigation. She regularly represents clients in matters concerning the Louisiana Professional Engineering and Land Surveying Board. Ms. Lindsay’s clients have been involved in the construction of chemical and manufacturing facilities, hospitals, schools, rail systems, distributed wireless antenna systems, roadways, multifamily apartment complexes, airports and levees. She has experience with new construction, industrial heat recovery steam generator claims, public bid protests, and litigation of claims pursuant to both the Louisiana Public and Private Works Acts. Ms. Lindsay was selected as a 2016 “Rising Star.” She serves as the chair of the New Orleans Bar Association Construction Law Committee and as legal affairs officer for the Surety Association of Louisiana.

Daniel Lund Iii

Director at Coats Rose, P.C.Mr. Lund’s practice focuses on construction and surety litigation and arbitration; business, insurance, and products liability defense litigation; contract drafting and negotiations; telecommunications; and land use law. He regularly lectures on construction law topics, including Louisiana lien law, zoning and land use planning, and general Louisiana and Federal construction law. Mr. Lund has received the “Top Lawyers” recognition in the fields of alternative dispute resolution and construction by New Orleans Magazine since 2012, has been selected for inclusion since 2014 in The Best Lawyers in America publication in the areas of construction law and construction litigation, and has been honored since 2010 in the Louisiana Super Lawyers publication in the field of construction litigation. He earned his J.D. degree from Tulane University Law School, his undergraduate degree in Philosophy from the University of New Orleans, and his Master’s degree in Theological Studies from Duke University.