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 – 4:00 pm

Contract Law Primer for Engineers                                                                    
D. Bowser 

   Reviewing the necessary elements of any contract
   Understanding contract “legalese” 
      • Determining performance
      • What constitutes a breach of contract?
      • What are damages and remedies?
      • Liability-shifting contract provisions: warranties, guarantees and indemnities 
   Making changes to contracts 

Professional Liability Law                                                                                       
A. Burns
 

   Reviewing the grounds for professional liability claims
   Identifying who can bring a claim
   Examining common sources of professional liability claims
   Reviewing defenses to liability claims 
   Determining damages
   Participating in dispute resolution: arbitration, mediation, litigation
   Obtaining Insurance coverage for professional liability claims  

Unique Issues for Engineers to Consider in EPC Agreements                      
 and Subconsultant Agreements  
M. Nicholas 

   Key issues to review in engineering, procurement and construction (EPC) agreements
      • Design milestones
      • Performance requirements
      • Limitations of liability  
      • Liquidated damages
   Key issues to review in subconsultant agreements  

Professional and General Liability Insurance for Engineers                            
M. Farnell  

   Understanding business insurance coverage:
      general liability vs. professional liability policies 
   Additional insureds: obtaining certificates of insurance
   Understanding insurance policies: 
      • Indemnities
      • Assignment
      • Insurance availability
      • Warranties, guarantees and certifications 
   Recognizing and responding to claims 

Developments in Federal and Oregon Environmental Law             
J. Hunter, C. Roberts, S. Kronholm  

   Reviewing recent changes to and enforcement of:
      • Pollution prevention
      • Water quality enforcement
      • Stormwater permitting 
      • Watersheds, wetlands, lakes and streams
   Reviewing recent and anticipated developments at the
      US EPA and the Oregon Department of Health and Environmental Control 

Credits

Professional Engineers
     6.0 PDHs

Continuing Education Credit Information

This seminar is open to the public. It offers 6.0 PDHs to Oregon professional engineers Educators and courses are not subject to preapproval in Oregon.

Professional engineers seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.

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

David Bowser

Jordan Ramis, PC

Attorney with Jordan Ramis, PCMr. Bowser’s construction and design professionals law practice covers all aspects of the design and construction process, from original procurement to claim prosecution and defense. Mr. Bowser has 18 years of experience as a construction and design professionals lawyer representing varied clients in all areas of public and private design and construction, including public bodies, private owners, architects, general contractors, subcontractors, and suppliers.

Andrew Burns

Cosgrave Vergeer Kester, LLP

Partner with Cosgrave Vergeer Kester Mr. Burns is the chair of the firm’s construction practice group and a former managing partner of the firm. His practice focuses on providing advice and counsel to contractors, developers, architects, and engineers; litigating construction defect disputes; and handling construction-related professional negligence claims. He also has significant experience in defending personal injury, products liability, environmental, and premises liability litigation.

Michael E. Farnell

Partner at Parsons Farnell & Grein, LLP in Portland, OR
Mr. Farnell leads PFG’s insurance recovery group and its national policyholder practice. One of the most sought-after policyholder attorneys on the West Coast, he has represented businesses and individuals in disputes with insurance companies for more than 25 years, obtaining successful settlements, verdicts, and appellate decisions in a wide variety of insurance claims, including general liability, directors and officers, professional liability, property, employee dishonesty and fidelity bonds, and cyber. Mr. Farnell has been selected for inclusion in Oregon Super Lawyers® every year that designation has been available in Oregon and was named as one of the Top 50 lawyers in Oregon for 2018. He was also named to the Best Lawyers in America list for 2019. Raised and educated in Oregon and Washington, Mr. Farnell has deep roots in the Pacific Northwest. This translates into an extensive knowledge of the community and a deep commitment to the success of Northwest businesses. He is committed to maintaining relationships with his clients in order to provide each client with superior service.

Jeffrey Hunter

Perkins Coie, LLP

Partner with Perkins Coie, LLP For over 20 years, Mr. Hunter has been counseling corporate and individual clients both in the United States and internationally on a wide variety of issues related to the environment including regulatory compliance, administrative enforcement and environmental litigation including white collar criminal matters, permitting and development and defending against permit challenges, cleanup and redevelopment of contaminated industrial and commercial properties and brownfields redevelopment projects, and environmental due diligence in real estate and corporate transactions. Mr. Hunter received his J.D. degree from the University of Denver Sturm College of Law; he is licensed to practice in Colorado and Oregon, and he is listed in The Best Lawyers in America and Chambers USA. Mr. Hunter has a B.S. degree in Chemical Engineering.

Sarah Kronholm

SLR International Corporation

Environmental Consultant with SLR International Corporation Ms. Kronholm is an environmental consultant with SLR International Corporation located in Portland, Oregon. She is a registered professional engineer with over 17 years of experience working with industrial and manufacturing clients across the US and Canada. She has specific expertise in air quality permitting and compliance, including regulatory applicability analyses, PSD permitting, Title V permitting, state-specific programs, and strategic planning. She also focuses on general regulatory compliance, including hazardous waste, stormwater, wastewater, environmental management systems, and auditing. Prior to joining SLR in 2013, Ms. Kronholm was the environmental program manager at a pulp and paper facility in Washington. She holds a bachelor’s degree in Chemical Engineering from Montana State University.

Mario Nicholas

Stoel Rives, LLP

Attorney with Stoel Rives, LLP Mr. Nicholas is a senior associate in Stoel Rives’ Construction and Design group. His practice is split between drafting construction contracts and litigating complex construction disputes. Mr, Nichols has drafted a range of construction contracts (EPC, design-build, GMP, fixed price) and has assisted clients in various forums (federal and state courts, domestic and international arbitration panels, administrative bodies). He is licensed in California, Oregon and Washington, and counsels clients across a range of industries on construction and design issues.

Cassie Roberts

Perkins Coie, LLP

Attorney with Perkins Coie, LLP Ms. Roberts is an environmental lawyer who counsels clients on complex regulatory compliance and permitting issues under state and federal environmental laws, including the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Prior to going to law school, she worked as an environmental engineer at Intel Corporation. She earned her Master of Public Health in environmental health science from the University of Michigan School of Public Health degree and received her J.D. degree from Vanderbilt University Law School.

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