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 Alternative Project Delivery Systems:
Finding the Framework That’s Right for the Owner and the Project M. Meaker
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 and Effective Construction Contracting M.Tappe
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
Making Changes and Resolving Disputes During the Construction Process C. Baniszewski
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
Protecting the Owner and the Project: Insurance and Bonding Issues in Construction E. Fitch
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
Identifying and Resolving Ethical Issues in Construction J. Csontos
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
Credits
Architects and Professional Engineers
6.5 CE Hours
6.5 AIA HSW Learning Units
Contractors
6.5 CE Hours
Continuing Education Credit Information
This seminar is designed for the professional enrichment of Arizona architects, engineers, and contractors. It will qualify for architect and engineer continuing education credit in most states. Continuing education is not mandatory for license maintenance in Arizona.
This event is approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885).
This event offers a non-mandatory continuing education opportunity to construction contractors. It has not been approved by any state contractor licensing board for continuing education credit.
Attendance will be monitored and reported, 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
Chris Baniszewski
Warner, Angle, Hallam, Jackson, & Formanek, PLCAttorney at Warner, Angle, Hallam, Jackson, & Formanek, PLCMr. Baniszewski’s practice focuses in the area of construction law. He represents general contractors, subcontractors, and construction project owners. The Best Lawyers in America® selectee advises clients regarding workmanship issues, and claims associated with liens, bonds, delays, and non-payment. In the litigation setting, Mr. Baniszewski has extensive experience representing both owners and contractors, including hearings before the Registrar of Contractors andin alternative dispute resolution settings. Additionally,Mr. Baniszewski advises contractors in general business matters, licensing requirements and the drafting of construction contracts. For six years, he has taught Construction Contract Administration at the Del E. Webb School of Construction at Arizona State University. He is a long-time member and past chair (2011-2012) of the Construction Law Section of the State Bar of Arizona.Mr. Baniszewski earned his J.D., cum laude, from Arizona State University College of Law.
Jim Csontos
Jennings Haug & Cunningham, LLPPartner at Jennings, Haug & Cunningham, LLP
Mr. Csontos practices in the firm’s surety and construction litigation section where he devotes a substantial portion of his practice to providing legal advice and representation to owners, contractors, sureties and other members of the construction industry. He also serves as corporate counsel to numerous small businesses, assisting them with various types of legal matters including business operations, contract questions and commercial litigation. He joined the firm in 1986 and became a partner in 1994. Mr. Csontos is a graduate of Arizona State University (B.S., magna cum laude, 1982 and J.D., cum laude, 1986).
Elizabeth Fitch
Righi Fitch Law GroupCofounder at Righi Fitch Law GroupMs. Fitch is a founding member of Righi Fitch Law Group. She is a trial attorney with over 28 years of civil defense experience and has the AV Preeminent Rating. Ms. Fitch has defended numerous multi-million dollar cases ranging from catastrophic injuries to construction defect cases. She has represented all types of professionals from lawyers to architects. As a result of her defense of insureds under general liability insurance policies, she has successfully handled the entire gamut of complex tort cases. Ms. Fitch has been featured twice in Attorney At Law and co-authored the Construction Defect chapter of the Arizona State Tort Law Handbook. In 2014, she was again recognized as a Super Lawyer and inducted into Arizona’s Finest Lawyers. Her practice has concentrated on representing businesses and individuals in complex civil litigation matters. The nature of complex litigation not only requires experience and knowledge about the substantive law but also requires sophistication in addressing the interrelated contractual and complex insurance issues. Ms. Fitch has developed expertise in risk management and assists clients with risk transfer strategies such as pursuing indemnity and primary, excess, and additional insurance coverage for clients.
Matt Meaker
Sacks Tierney P.A.Attorney at Sacks Tierney P.A.Mr. Meaker has been described as a “business man in a lawyer’s suit” who is more focused on the business success of his clients than on billable hours. The focus of his practice is on construction law, civil litigation, business and corporate law and real estate law. He is also involved in efforts to finalize transaction privilege tax (TPT) reform for the benefit of Arizona contractors. Mr. Meaker is very active in the legal profession and the community at large. He chairs the Construction Law Section of the State Bar of Arizona and serves on the Board of Directors of the Maricopa County Bar Association. In addition, he is actively involved with the local chapter of the Construction Financial Management Association, the Arizona Builders’ Alliance, the American Subcontractors Association of Arizona, and the Arizona Registrar of Contractors Industry Advisory Council.
Marcus Tappe
Righi Fitch Law GroupAttorney at Righi Fitch Law Group
Mr. Tappe is a partner at Righi Fitch Law Group. As a dedicated and effective litigator and trial attorney, Mr. Tappe has focused his practice in insurance defense and construction defect litigation, where he has handled a diversity of civil matters, including insurance bad faith, breach of contract, breach of warranty, subrogation, and premises liability claims. Mr. Tappe’s current practice is concentrated on the representation of developers, contractors, businesses and individuals in tort and construction litigation, primarily in the areas of construction defects, general liability, and insurance coverage. In his practice, he has successfully defended and pursued cases through judgment at trial, secured payment on behalf of his clients, and litigated numerous issues taken up on appellate review. Notably, Mr. Tappe was the trial attorney for contractor Sirrah Enterprises, L.L.C. in Sirrah Enterprises, L.L.C. v. Wunderlich, 242 Ariz. 542, 399 P.3d 89 (2017), where he secured a verdict in favor of his client against an owner-builder for breach of contract and obtained a defense verdict on the owner’s counterclaim for breach of contract. Mr. Tappe presently serves as on the Board for the Construction Section of the Maricopa County Bar Association (MCBA), and he has been a frequent contributing author for The Maricopa Lawyer.