Legal Issues for Civil Engineers and Land Surveyors
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:45 pm
Lunch (On your own): 12:45 – 1:45 pm
Afternoon Session: 1:45 – 5:30 pm
Overview of Contract Law M. Marrone
Reviewing standard forms of agreement
Understanding contract documents and formation
Determining scope of services and changes
Specifying risk allocation provisions
Resolving contract disputes
Land Use Law K. Sturm
Overview of Land Use Law
• Governmental power and authority to zone
• Governmental bodies with the power to zone
• Comprehensive land use planning
• Common law considerations on land use
Finding and navigating existing land use laws and regulations
Seeking land-use permits, special use permits, variances, or zoning
Participating in zoning administrative appeals
Participating in land use litigation
Recent issues in land use law
Stormwater Management P. Slovisky
Different design considerations and elements of stormwater ponds and how they relate to water quality
Critical need for routine inspection and problems associated with certain types of stormwater structures
Compliance and guidelines, including levels of enforcement within different jurisdictions
Civil Engineering and Surveying Liability W. Jones
Understanding the engineer’s and surveyor’s duties and obligations
Reviewing common professional liability causes of action:
• Breach of contract, negligence, strict liability, fraud, misrepresentation
Identifying to whom the engineer or surveyor owes a duty
Complying with the standard of care
Reviewing common defenses to liability
Participating in the liability claims process and in liability litigation
Implementing strategies to minimize professional liability claims
State and Federal Site Contamination Law M. Shelton
Discovering existing soil and/or groundwater contamination
Understanding applicable rules and regulations
Understanding liability issues
Exploring remediation and brownfield redevelopment
Understanding Riparian Rights J. Pennington
History and development of riparian rights
Determining access rights to surface waters
Limitations on rights to surface waters
Complying with water quality laws and regulations
Credits
This seminar offers 7.5 PDHs to Georgia professional engineers and land surveyors.
Continuing Education Credit Information
This seminar is open to the public and offers up to 7.5 PDHs to professional engineers and land surveyors in Georgia. Educators and courses are not subject to preapproval in Georgia.
Engineers and land surveyors seeking continuing education credit 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
William Jones
Partner with Carlock Copeland in AtlantaMr. Jones is an experienced litigator in the firm’s commercial and construction litigation practice groups, focusing his practice on the representation of clients in commercial and employment related matters in federal and state courts. He spends a significant amount of his practice representing design professionals, contractors, and owners in litigation, arbitration and contract review and offering general business advice. Mr. Jones has particular experience in national litigation relating to the protection of trade secrets and the enforceability of employment agreements. In addition to litigating these disputes, he is frequently asked to review employment agreements and provide advice and counsel to companies on a wide range of employment related issues.Mr. Jones also has extensive experience in handling general business litigation matters. He is a member of the firm’s executive committee and served as the firm’s general counsel for several years.
Matthew Marrone
Partner with Weinberg Wheeler Hudgins Gunn & Dial in AtlantaMr. Marrone is a member the firm’s Construction Litigation, Government Contracts and Commercial Litigation Practice Groups. As litigation counsel he has represented owners, sureties, architects, engineers, general contractors, subcontractors and suppliers in complex design and construction cases in trials and arbitrations throughout the country. In addition, he performs a variety of pre-litigation services for his design and construction clients, including contract drafting and negotiation. Outside of the construction industry, Mr. Marrone has represented corporations and individuals in commercial disputes including commercial real estate transactions and business sales. His civil litigation practice focuses on construction litigation, government contract litigation and commercial contract litigation. He has litigated cases on behalf of contractors, subcontractors, suppliers, materialmen, engineers and design professionals in Alabama, Tennessee, South Carolina, Georgia, North Carolina, Mississippi, Florida, and Virginia.
Jennifer Pennington
Partner with Carvalho & Associates in MariettaMs. Pennington’s practice focuses on the representation of individuals, community groups, homeowners associations, municipalities, businesses and non-profit organizations in connection with various environmental and land use matters in state, federal and administrative courts and other regulatory bodies. In addition to litigation, she counsels corporate clients on redevelopment of contaminated properties under the Georgia Brownfields program. Ms. Pennington is also an adjunct professor at Emory University School of Law. She received her J.D. degree from Emory University School of Law in 1997. Ms. Pennington started her legal career working with Region IV of the United States Environmental Protection Agency, focusing on CWA and CERCLA enforcement.
Martin Shelton
WeissmanPartner with WeissmanMr. Shelton works with the commercial real estate and litigation practice groups, bringing almost 20 years of experience in environmental and land use law. He focuses his practice on trial and appellate litigation of environmental claims for both plaintiffs and defendants; counseling clients on addressing environmental issues arising in real estate transactions, ownership, and development; as well as compliance and permitting under environmental laws and regulations. Mr. Shelton’s clients include individuals, corporations, neighborhood/community association groups, governmental entities, foundations, and non-profit organizations. Active in the legal community, he is a member of the American Bar Association – Environmental & Natural Resources Section, the Georgia State Bar Environmental Law Section (Chair, 2008) and the Atlanta Bar Association – Environmental Law Section. Mr. Shelton is also a member of the Environmental Law Institute and the Lawyers Club of Atlanta. He is admitted to the trial and appellate courts in Georgia, Washington, and the District of Columbia as well as the United States Supreme Court, 11th Circuit, and federal trial courts in Georgia and DC. Mr. Shelton has been named a “Georgia Super Lawyer” by Law & Politics Magazine every year since 2010.
Paul Slovisky
Aquascape Environmental, WoodstockMr. Slovisky joined Aquascape Environmental as a construction specialist in 1998 and is currently the vice president of operations. He holds a Bachelor of Science degree in Earth Sciences from Mercer University, and is a Certified Professional in Erosion and Sediment Control. Before joining Aquascape Environmental, he worked for United Consulting as a construction site materials tester. In his present position, he is responsible for planning, scheduling, materials procurement, and site supervision for all major construction projects. Mr. Slovisky is trained and experienced in implementing structural best management practices for erosion control and soil bioengineering techniques for stream restoration. He is also a skilled mechanic and is a nationally-registered first responder.
Kasey Sturm
Counsel at Weissman in Atlanta, GAMs. Sturm works with the commercial real estate practice group bringing 16 years of experience advising individuals, community groups, homeowners associations, businesses, local governments and non-profit organizations on a variety of environmental and land use matters. She focuses her practice on environmental litigation at the regulatory, administrative, trial and appellate levels. Kasey represents clients on a wide range of land use and zoning matters, including before governmental bodies and appeal boards, as well as in state and appellate courts. She also advises clients on a variety of environmental matters related to land ownership, use and development; represents clients in actions to address damage to property stemming from various environmental conditions, including as a result of storm water flows and sedimentation; compliance and permitting under a wide range of environmental laws, as well as land use and zoning laws and regulations. Kasey also advises clients in non-profit leadership and management, including formation of community groups and non-profit organizations.