Legal Issues for Civil Engineers and Surveyors
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 4:30 pm
Land Use Law
F.K. Brown
Understanding land use law
• Appropriate purposes of land use planning
• Governmental bodies with the power to zone
• Development of comprehensive land use plans
Seeking zoning variances or special use permits
Seeking rezoning
Participating in zoning appeals
Reviewing recent land use case law
Eminent Domain and Condemnation Law
M. Braun
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Participating in the condemnation process
Appealing a condemnation decision
Understanding regulatory “takings” and inverse condemnation
Overview of Contract Law
R. Wichard
Reviewing standard forms of agreement
Understanding contract documents and formation
Determining scope of services and changes
Specifying risk allocation provisions
Handling problems with contract performance
Civil Engineering and Surveying Liability
J. Hays
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
Oil, Gas and Mineral Rights Ownership and Access
W.B. Early III
Legal rights of mineral and surface owners
Legal and practical exercise of access rights
Where do one party’s rights end and the other’s begin?
Rights of adjacent property owners
Resolving disputes
Credits
Professional Engineers
6.5 Kentucky PDHs
Professional Land Surveyors
6.5 Kentucky PDHs
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 PDHs to Kentucky professional engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval.
The Kentucky State Board of Licensure for Professional Engineers and Land Surveyors has approved this seminar for 6.5 PDHs for land surveyors. Full attendance is required in order to obtain continuing education credit.
Professional engineers and land surveyors seeking continuing education credit in other states will be able to claim the credits 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
Monica Braun
Attorney, Stoll Keenon Ogden
Monica is a Member in Stoll Keenon Ogden’s Lexington office and has been with the firm since 2009. She serves on the firm’s Board of Directors and Executive Committee and currently serves as Chair of the firm’s Personnel Committee. Monica is an experienced Member that untangles the regulatory process for her clients, both in administrative proceedings and in the courtroom. With over a decade of experience in advising utilities, Monica understands the business of providing gas, electric, and water service and how to navigate legal challenges and regulatory requirements. Monica also represents clients in other heavily regulated industries, including the equine industry. Outside of the office, Monica is a board member for the KY Market of the March of Dimes and volunteers her services to Kentucky Refugee Ministries.
F. Brown
Pike Legal Group, PLLCAttorney with Pike Legal Group, PLLC, in ShepherdsvilleMr. Brown focuses his practice on all aspects of land use law and associated litigation representing both private and local government clients. His practice also includes real estate and other business transactions, regulatory law, telecommunications law, telecommunications regulation, wireless communications, and annexation. Mr. Brown is admitted to the practice of law in Kentucky, Indiana, Tennessee, and West Virginia. He is a sought after speaker and course materials author for more than 25 continuing education seminar programs on planning, zoning, annexation, and real estate transactions topics.
W. Early
Stites & Harbison, PLLCAttorney with Stites & Harbison
Mr. Early’s work with industry includes advice on compliance, permitting, transactions, response to enforcement actions, participation in regulatory development, and related administrative and civil litigation. He has extensive experience with matters involving the Clean Water Act, Safe Drinking Water Act, CERCLA, RCRA, mining and reclamation, sustainability, and agriculture. He is former chair of the American Bar Association’s Water Quality and Wetlands Committee of the Section of Environment, Energy & Resources, and he is a past chair of the Kentucky Bar Association’s Environmental Section. Before law, Mr. Early was a professor of Biology and chair of the Biology Department at Cumberland College in Williamsburg, Kentucky. He earned a Ph.D. degree in Biology from the University of Louisville, and a J.D. degree from the University of Kentucky.
John W. Hays
Jackson Kelly PLLC
John W. Hays is a Member in the Lexington, Kentucky office of Jackson Kelly PLLC. Mr. Hays’ practice is primarily focused on construction litigation, contracts, and commercial litigation. He also has extensive training and experience as a mediator in construction, commercial, employment and personal injury disputes. He is a member of the National Academy of Distinguished Neutrals and is arbitrator and mediator on the Commercial Arbitration Panel for the American Arbitration Association. He is a frequent author and lecturer on topics related to construction and alternative dispute resolution.
Mr. Hays is admitted to practice before the United States Court of Appeals for the Sixth Circuit and all state and federal courts within the Commonwealth of Kentucky. He is a member of the Fayette, Kentucky and American Bar Associations and is active in the ABA Forum for the Construction Industry and KBA Section on Construction and Public Contract Law. Mr. Hays is also a member of the ADR Section of the KBA, is a past chair of the Mediation Center of Kentucky and is a past president of the Mediation Association of Kentucky.
Mr. Hays received his undergraduate degree from Princeton University in 1985 and his Juris Doctor, with distinction, from the University of Kentucky in 1988. He was a member of the Kentucky Law Journal and graduated Order of the Coif. Mr. Hays has an AV Preeminent rating by Martindale-Hubbell and has been named Kentucky Super Lawyers® list since 2009 and in Woodward/White’s The Best Lawyers in America® in the practice area of Construction Law since 2013. He was named Best Lawyers’ 2021, 2018, and 2016 “Lawyer of the Year” in Lexington for Construction Law.
Rebecca Wichard
Stites & Harbison, PLLCAttorney with Stites & Harbison, PLLC, in LexingtonMs. Wichard is an attorney in the firm’s Lexington office and is a member of the Construction and Litigation & Appeals Service Groups. Her practice focuses on advising clients throughout all phases of construction projects including planning, contract drafting and negotiation, project administration, and disputes. She represents owners, contractors and subcontractors in construction disputes and litigation. She has also handled a variety of business and litigation matters for insurance companies medical providers, corporations and local businesses. Prior to joining Stites & Harbison, Ms. Wichard was an attorney for a large Kentucky law firm, where she gained extensive experience in complex commercial litigation in federal and state trial and appellate courts. She earned her J.D. degree from the University of Kentucky College of Law, cum laude and Order of the Coif, and was production editor for the Kentucky Law Journal.