Engineering Law and Ethics Seminar
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
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
Warranties and guarantees
Waiver of consequential damages
Betterment
Confidentiality
Sustainable design
Responsibilities for means and methods
Limitation of liability
Dispute resolution
Design without construction phase services
Fiduciary duties
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
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
Conflict of interest
Solicitation of employment
Environmental concerns
Signing and sealing documents
Compensation for same project
Unlicensed practice of engineering
Professional and General Liability Insurance for Engineers E. Pempus / S. Kelley
Understanding insurance coverage
Specialty coverages: environmental, EPLI, cyber
Recognizing and responding to claims
Intellectual Property Essentials for Engineers: K. Fries
Patents, Trademarks, Copyrights, and Trade Secrets
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
Credits
Professional Engineers
7.0 CPD Hours
(2.0 Ethics Included)
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 CPD hours, including 2.0 ethics hours, to Ohio professional engineers. 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
Kristen Fries
Shumaker, Loop & Kendrick, LLPKristen M. Fries is an attorney with Shumaker, Loop & Kendrick, LLP. A patent attorney licensed in the State of Ohio, registered to practice before the United States Patent and Trademark Office and a registered Engineer-in-Training (EIT), Ms. Fries practices in the area of intellectual property and technology law, including prosecution of domestic and foreign patent applications, infringement studies, trademark, copyright, trade secret, and related intellectual property matters. She is experienced in a broad range of technologies. Prior to attending law school, she worked in the building materials industry as a project engineer for a manufacturing facility. While in law school at the University of Toledo College of Law, Ms. Fries served as note and comment editor for the Law Review.
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
DesignPro Insurance Group-A Wichert Insurance AgencyMr. 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 had 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 35 years. As a Fellow of the American Institute of Architects and AIA National Ethics Council 2021 chair, he has demonstrated his impact on architectural profession. He is a licensed architect, attorney and property and casualty insurance agent.