Engineering Law and Risk Management Issues
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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 – 5:00 pm
Professional Liability Law and Risk Management N. Marshall
Understanding causes of professional liability claims
Parties who can bring a claim for professional negligence
Understanding the standard of care
Understanding the law of damages
Resolving professional liability claims
Understanding How Contracts Can Reduce (or Increase) Risk T. Cronin
An overview of contract law and key concepts
Understanding contract formation and revision
Recognizing liability exposure under contract
Reviewing standard contract provisions and understanding their impact on risk
Guarantees, warranties and indemnities
Understanding consequences for delay, disruption,
nonperformance, inadequate performance
Using contract terms to manage risk
Managing Risk with General and Professional B. Schoumacher
Liability Insurance Coverage
Coverage provided by general liability vs. professional liability policies
Certificates of insurance and additional insureds
• Insurance availability
• Insurance policies
Warranties, guarantees and certifications
Recognizing and responding to design professional claims
Adopting Professional Practices that Protect Your Clients T. Flanigon
Negotiating fair and understandable contract terms
Maintaining adequate contract documentation
Implementing document retention policies and procedures
Utilizing forms and standard documents
Implementing quality control practices
Using alternative dispute resolution procedures
Intellectual Property Essentials: Patents, Trademarks, and Copyrights S. Smilie
Securing ownership of your designs through patents,
trademarks, copyrights, and trade secrets
Leveraging your intellectual capital through licenses,
franchises, and other technology agreements
Resolving intellectual property disputes
This seminar is open to the public and offers 7.0 PDHs to Illinois engineers. Educators and courses are not subject to preapproval in Illinois.
This event will qualify for engineer continuing education credit in most states. Refer to specific state rules to determine eligibility, or contact HalfMoon Education for assistance.
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.
Thomas CroninGordon Rees Scully Mansukhani, LLP
Partner at Gordon Rees Scully Mansukhani, LLPMr. Cronin has tried and mediated cases to favorable resolutions throughout Illinois. His practice focuses on construction law and construction defect, design professional law, commercial and residential real estate transactions and litigation, product liability, and personal injury. Mr. Cronin recently obtained summary judgment on behalf of his client, a demolition contractor, in a lawsuit brought by two plaintiffs when their scaffold collapsed, resulting in serious and permanent injuries. He has also assisted construction and design professional clients with the negotiation and drafting of their contracts.
Thomas FlanigonAdler Murphy & McQuillen LLP
Partner at Adler Murphy & McQuillen LLPMr. Flanigon concentrates his practice in the areas of civil litigation, professional liability defense, and general tort litigation. He routinely defends architects, engineers, and other design professionals against claims of professional negligence. He has extensive experience in a variety of construction law matters, including design defect-related actions, delay and disruption claims, and other matters involving claims of negligence, personal injury, and statutory violations. Mr. Flanigon has represented individuals and corporations in breach of contract, premises liability, and employment-related matters. He has tried jury and bench trials to verdict and has obtained favorable results in a variety of alternative dispute resolution forums. Mr. Flanigon is an active member of the Illinois State Bar Association and the Chicago Bar Association, including the CBA’s Civil Litigation Practice Group.
Newton C. Marshall
Member at Karball, Cohen, Economou, Silk & Dunne, LLC
Mr. Marshall has a diverse litigation practice representing design professionals, condominium associations, real estate and insurance brokers, attorneys, and other licensed professionals in contract, tort, compliance, and fraud-based litigation. Mr. Marshall represents a variety of design professionals, including architects, professional and structural engineers, land surveyors, and design-builders. His representation of those professionals includes the areas of breach of contract, construction delay, professional negligence, pre-suit resolution, and arbitrations. Mr. Marshall has tried numerous bench and jury cases and arbitrations and has negotiated hundreds of settlements through formal mediation and informal negotiation. He also drafts and negotiates design and construction contracts for his clients.Mr. Marshall often lectures to real estate, construction, design, and condominium associations and their members on contract negotiation, litigation techniques, risk management, and professional liability.
Bruce SchoumacherQuerrey & Harrow
Shareholder with Querrey & Harrow, Ltd.
Mr. Schoumacher is the group co-chair of Querry & Harrow’s Construction Practice Group, and he also practices in several other areas, including professional liability, product liability, commercial law, insurance, and antitrust. He works with a variety of professionals, including architects, engineers, contractors and manufacturers. Mr. Schoumacher is an author and contributor to a number of publications on construction law and an active speaker in the construction industry, having been featured at more than 140 seminars or meetings of the American College of Construction Lawyers, the American Society of Civil Engineers, the Power Engineering Society, the American Society of Military Engineers, the Society of Illinois Construction Attorneys, the Illinois State Bar Association, the Illinois Institute of Continuing Legal Education, and other groups. He is a fellow of the American College of Construction Lawyers, past president of the Society of Illinois Construction Attorneys, and past chair of the Construction Law Section of the Illinois State Bar Association.
Scott W. Smilie
Partner with Patzik, Frank & Samotny Ltd.
Mr. Smilie is a partner in the Intellectual Property Practice Group of the firm. Mr. Smilie’s experience includes the prosecution, licensing, and litigation of patents, trademarks and copyrights. As a member of the Patent Bar, he has prepared and prosecuted patents before the Patent and Trademark Office concerning diverse technologies including GPS-related systems, business methods, electrical connectors, coupler members for heavy-duty machinery, mechanical tools, and medical devices. Mr. Smilie was admitted to the Illinois State Bar and the Bar of the U.S. District Court for the Northern District of Illinois in 1997, and he is registered to practice before the U.S. Patent and Trademark Office. He is a member of the Chicago Bar Association and the Intellectual Property Law Association of Chicago.