Legal Issues Impacting Engineers & Architects
Agenda
Registration: 8:30 – 9:00 am
Morning Session: 9:00 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 5:00 pm*
Introduction/What to Do When Payment is Not Forthcoming for Your Services – File a Claim of Lien!
J. Dinardo
Front-end notice documents to be aware of and their dangers
The time to file a lien in Georgia
The anatomy of a valid and enforceable lien
How to lien a tenant’s interest in a lease
What costs to include in your lien
Where to file your lien
What to do after your lien has been filed – Getting paid!
Engineer’s and Architect’s Duties and Authority
E. Heady
What are the professional standards of care for design professionals?
What is the legal distinction between an architect and engineer?
What type of authority do design professionals have relating to the owner, the project, and third parties?
What are design professionals’ administrative functions for a project?
Which forms or industry documents contemplate substantial design professional oversite and participation in a project?
Should design professionals copyright their design documents and other work?
How to Avoid Professional Liability and Exposure – Know the Risks and Defenses!
S. Stuart
The types of claims commonly asserted against design professionals
What are your duties and obligations as a design professional?
What is your potential exposure?
What a plaintiff must prove to establish a valid claim
How to avoid liability for shop drawings
What are your defenses to liability claims and how do you assert them?
How can you safeguard against professional negligence claims in the first place?
The “4 Corners” – Design it Well Because the Contract Controls
D. Tabeling
What provisions to be on the lookout for when entering into contracts
Understanding how to properly change a contract
Understanding what to do when the scope of your work changes
How to help ensure payment under the contract
Concerns regarding the “Economic Loss Rule”
How to use the contract to your advantage before and after a dispute
The New 2017 AIA Documents
S. Reams
The current AIA documents applicable to engineers and architects
The 2017 changes to the AIA documents
What has been changed?
What is the same?
Why were these forms changed in the first place?
Is it worth the money to be able to use these new forms?
How to maximize the new AIA documents and the related software?
Secondary sources related to the new AIA documents
Efficiently Resolving Design Professional Liability Claims Through ADR
H.Z. Rippeon III
Using alternative dispute resolution procedures to resolve claims
When to try to settle claims without attorneys
When to use mediation
When to use arbitration
When to go to trial
The best way to avoid disputes in the first place
Millennials in the Construction Industry
J. Harrison
Why are we discussing millennials?
Who are the millennials?
Are millennials entering the construction industry?
Are millennials becoming design professionals?
What are their views on work?
What do millennials bring to the table?
Why millennials are essential to the future of the construction industry
Insurance Coverage for Design Professionals
K. Johnston
Coverage provided by general liability vs. professional liability policies
Certificates of insurance and additional insureds
Indemnities
Assignment
Insurance availability
Insurance policies
Warranties, guarantees, and certifications
Recognizing and responding to design professional claims
Question & answer session
*5:00 pm Happy Hour provided by Smith, Currie & Hancock LLP
Credits
Professional Engineers
6.5 PDHs
Architects
6.5 PDUs
6.5 AIA Learning Units
Attorneys
7.0 Georgia CLE Hours
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 PDHs to professional engineers in Georgia and 6.5 PDUs to Georgia architects. For Georgia architects, the subject matter of this seminar is not classified as Public Protection. Educators and courses are not subject to preapproval in Georgia.
This seminar is approved by the American Institute of Architects for 6.5 Learning Units (Provider No. J885). These LUs are not classified as HSW. Only full attendance can be reported to the AIA/CES.
Engineers and architects 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.
The Georgia Commission on Continuing Lawyer Competency has approved this seminar for 7.0 Regular CLE hours.
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
Joseph J. Dinardo
Partner in the Atlanta office of Smith, Currie & Hancock LLP.
Mr. Dinardo’s practice focuses mainly on construction disputes, lien prosecution and defense, contracts, commercial litigation, labor law, and collections. He currently serves on the Associated Builders and Contractors of Georgia’s (ABC) Management Education Committee and is involved with the Construction Management Association of America (CMAA).
Jeanne Harrison
Smith, Currie & Hancock LLPAssociate in the Atlanta office of Smith, Currie & Hancock LLP
Ms. Harrison concentrates her practice in the areas of construction law and litigation, including the representation of contractors, construction managers, major trade contractors, sureties, architects, and engineers. She also has experience in various aspects of electronic discovery, including using eDiscovery review platforms to research, review and code documents; identify, review and redact privileged information; and draft responses to electronic discovery requests. She received her Juris Doctor degree from The University of Tennessee College of Law.
Eugene Heady
Smith CurriePartner in Smith Currie’s Atlanta officeMr. Heady was selected as one of Georgia’s top rated lawyers of 2014 for alternative dispute resolution, construction law, and litigation. He is also a mediator and arbitrator and is a member of the American Arbitration Association’s national Panel of Construction Arbitrators. Before law school, he worked in the electrical construction business as a project engineer, project manager, and owner.
Kirk Johnston
Smith, Currie & Hancock LLPPartner in the Atlanta office of Smith, Currie & Hancock LLP
Mr. Johnston focuses his practice in the areas of construction litigation, risk management and transactional services. He has many years of experience representing owners, general contractors, architects, surety companies, and other entities on a wide range of construction projects, including high rises, highways, bridges, and industrial complexes. A significant portion of his practice involves claims avoidance through assisting clients in every phase of the construction process. Mr. Johnston is a licensed property and casualty insurance adjuster and his experience in the interpretation of insurance policies further aids owners and contractors in catastrophic loss management, litigation and construction-related claims under CGL, professional liability, and builders’ risk policies.
Whitney Judson
Smith Currie & HancockAssociate in the Atlanta office of Smith Currie & HancockMs. Judson concentrates her practice in the areas of construction litigation and government contracts, where she represents owners, contractors, construction managers, major trade contractors, sureties, architects, and engineers. She graduated cum laude from the University of Georgia with a bachelor’s degree in International Affairs and received her law degree from the University of Georgia School of Law.
Stephen M. Reams
Partner in the Atlanta office of Smith Currie.
Mr. Reams concentrates his practice on construction law and commercial litigation. He represents owners, developers, general contractors, and subcontractors in state and federal court and in alternative dispute resolution processes throughout the United States. His practice includes drafting and negotiating construction and design contracts and advising parties during projects. He has counseled clients on numerous projects involving retail malls, professional sports stadiums, public housing, hotels, condominiums, medical facilities, government contracts, schools and Native American tribal lands. Mr. Reams has extensive knowledge of alternative project delivery methods such as design-build, P-3, and multi-party agreements.
Harry Rippeon
Smith, Currie & Hancock LLPPartner in the Atlanta office of Smith, Currie & Hancock LLPMr. Rippeon represents a variety of construction industry professionals, including lenders, owners, developers, general contractors, subcontractors and design professionals, assisting with all aspects of construction law. His experience includes negotiating and forming contracts, and asserting and defending claims utilizing all forms of dispute resolution.
Douglas Tabeling
Smith, Currie & Hancock LLPPartner at Smith, Currie & Hancock LLP, AtlantaMr. Tabeling counsels the construction industry and government contractors in all aspects of commercial law and public contract law. He devotes his practice primarily to avoiding and resolving disputes concerning construction projects and public contracts. He represents a variety of construction owners, developers, construction managers, general contractors, trade contractors, subcontractors, and suppliers in negotiation, mediation, arbitration, and litigation.