Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 5:00 pm
Contract Law Primer for Engineers
E. Pempus
Standard of care of the engineer Ownership of documents
Indemnification clauses
Responsibilities for means and methods
Warranties and guarantees
Limitation of liability
Waiver of consequential damages
Dispute resolution
Betterment
Design without construction phase services
Confidentiality
Fiduciary duties
Sustainable design
Duty to comply with all laws, rules and regulations
Professional Liability Law
S. Kelley
Grounds for professional liability claims
• Breach of contract
• Negligence
• Breach of warranty
Who can bring a claim
Case examples of defenses to liability claims
• Standard of care
• Statute of limitation
• Statute of repose
• Economic loss rule
• Spearin doctrine
Determining damages
Participating in dispute resolution: arbitration, mediation, litigation
Why obtain insurance coverage for professional liability claims
Intellectual Property Essentials for Engineers
Patents, Trademarks, Copyrights, and Trade Secrets
R. E. Gaum
Securing ownership of your designs through patents, trademarks,
copyrights, and trade secrets
Leveraging your intellectual capital through licenses, franchises,
and other technology agreements
Policing intellectual property rights and preventing infringement
Resolving intellectual property disputes
Handling Ethical Issues in Professional Engineering Practice
E. Pempus
Can ethics be taught?
Concept-based ethics vs. rule-based ethics
The newspaper test
Care-based thinking – Do unto others as you would have them do unto you
Greatest good for the greatest number of people
Environmental ethics
Harassment in professional settings: ASCE, Canon 8: treat all persons fairly
Complying with Rules of Professional Conduct
E. Pempus
Engineers licensing code of conduct vs. voluntary professional
association code of ethics
Rules and examples of selected Ohio Code of Ethics for Engineers and
Surveyors and NSPE rules
Preambles
Competency
Responsibility to the public – HSW
Whistle blowing
Signing and sealing documents
Conflict of interest
Compensation for same project
Solicitation of employment
Unlicensed practice of engineering
Environmental concerns
Professional and General Liability Insurance for Engineers
E. Pempus, S. Kelley
Understanding insurance coverage
Specialty coverages: environmental, EPLI, cyber
Recognizing and responding to claims
Credits
Professional Engineers
7.0 CPD Hours (Includes 2.0 Ethics Hours)
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 CPD hours/PDHs, including 2.0 ethics hours, to professional engineers in Ohio. Educators and courses are not subject to preapproval in Ohio.
Professional 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.
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
R. Gaum
Taft Stettinius & Hollister LLPR. Eric Gaum is a partner with Taft Stettinius & Hollister LLP. He focuses his practice on complex intellectual property litigation involving patents, trademarks, copyrights, trade secrets, and related business torts and unfair competition. Mr. Gaum has practiced exclusively in the area of intellectual property for more than 20 years and has extensive experience litigating and trying cases across the country. A licensed patent attorney with a background in electrical engineering and software development, he has experience in litigation, prosecution matters and licensing related to technologies as varied as smart phones, building column protection devices and cheese slice processing equipment. Mr. Gaum has litigated copyright infringement matters related to product labels, books, photographs, websites, software, databases, blue prints and architectural works. He has litigated trademark and trade dress infringement matters in state and federal courts across the country, and has handled opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB).
Steven Kelley
Mazanec, Raskin & Ryder Co., L.P.A.Steven K. Kelley is a partner with Mazanec, Raskin & Ryder Co., L.P.A. Mr. Kelley’s primary career focus has evolved over the years beginning with an extensive general liability and insurance defense practice. He has considerable experience handling several specialty claim areas including professional liability, product liability, construction negligence, construction defect, commercial trucking, employer intentional tort and community association claims.
Mr. Kelley defends architects, engineers, surveyors, accountants, realtors, insurance agents, appraisers, home inspectors and other professionals against malpractice claims. Prior to joining the firm, he served as assistant vice president in CNA Insurance Company’s litigation department, in addition to his role as managing trial attorney for over 12 years. He is an active member of professional associations including: the Ohio State Bar Association, Claims and Litigation Management Alliance (CLM), the Cleveland Association of Civil Trial Attorneys (former president), and theDefense Research Institute (DRI).
Eric O. Pempus, FAIA, Esq., NCARB
Risk Manager with DesignPro Insurance Group in Cuyahoga Falls, OHMr. Pempus has been a risk manager for more than 18 years, with experience in architecture, engineering, land use, law and professional liability insurance, and a unique and well-rounded background in the construction industry. Prior to risk management, he has 25 years of experience in the practice of architecture and engineering, and as an adjunct professor teaching professional practice courses at the undergraduate and graduate levels for the last 37 years. As a Fellow of the American Institute of Architects and AIA National Ethics Council 2021 chair, he has demonstrated his impact on the architectural profession. He is a licensed architect, attorney and property and casualty insurance agent.