Agenda

Registration                     8:00 – 8:30 am

Morning Session              8:30 am – 12:00 pm

Lunch (On your own)      12:00 – 1:00 pm

Afternoon Session           1:00 – 5:00 pm

Contract Law Primer for Engineers        J. Donovan

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

Law of Engineering Malpractice        A. Echeverria

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

Copyright Basics for Engineers        K. Hermansen

Fundamentals of copyright protection

Registering a copyright

Protecting business prospects by copyright

Handling Ethical Issues in Professional Engineering Practice         D. Jackson, Jr. and K. Hermansen

Promoting health and welfare vs. managing risk: complementary or conflicting duties?

Protecting the environment: meeting or exceeding legal requirements

Watching the bottom line: identifying and balancing economic pressures in design and construction

Integrating new technologies: identifying and balancing thebenefits and risks

Understanding the Investigatory and Disciplinary Practices of the Maine State

Board of Licensure for Professional Engineers         D. Jackson, Jr. and K. Hermansen

Understanding the Board’s disciplinary powers

Reviewing prohibited practices and grounds for disciplinary action

Investigatory procedures

Disciplinary hearings

Administrative and other penalties and enforcement

Professional and General Liability Insurance for Engineers        G. Ritter

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

Credits

This seminar is open to the public and offers 7.0 PDHs to Maine professional engineers. Educators and courses are not subject to preapproval in Maine.

Professional engineers seeking continuing education credit in states other than Maine will be able to apply the hours earned at this seminar, in many cases. Refer to specific state rules to determine eligibility. Due to Maine-specific content, this course is not eligible for New York continuing education credit.

Attendance will be monitored and reported, as required. 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

Jason Donovan

Thompson and Bowie, LLP

Partner with Thompson and Bowie, LLP, in PortlandMr. Donovan’s practice areas include professional liability, civil rights and municipal liability, commercial litigation, and insurance counseling services. He is admitted to practice in the State of Maine, U.S. District Court for the District of Maine, U.S. Court of Appeals for the First Circuit, and U.S. Supreme Court. Mr. Donovan received a B.A, degree, cum laude, from Loyola University of Maryland and a J.D. degree, cum laude, from the University of Maine School of Law. He is a member of the American, Maine State, and Cumberland County bar associations, and the Tri-State Defense Lawyers Association.

Asha Echeverria

Bernstein Shur

Attorney with Bernstein ShurMs. Echeverria is a member of Bernstein Shur’s Construction, Energy, Litigation and Dispute Resolution, and Technology Practice Groups, and her specialty is dispute resolution involving construction, energy, insurance, and banking claims. Prior to joining Bernstein Shur, Ms. Echeverria was a civil engineer at Parsons Brinckerhoff, designing and coordinating construction and demolition projects, as well as state and federal transportation and highway safety projects. In addition to being an attorney she is a licensed professional engineer, with LEED accreditation and years of experience designing and coordinating multi-million dollar projects as a civil engineer with Parsons Brinckerhoff. Her firsthand experience with the ins and outs of construction, demolition, and green-energy projects makes her an especially effective advocate in litigation matters and contract negotiations spanning those fields.

Knud Hermansen, PLS, PE, Ph.D., Esq.

Land Surveyor, in Hobe Sound, FL

Dr. Hermansen is a professional land surveyor, professional engineer, and attorney at law. He earned his undergraduate degree and a Ph.D. degree in Civil Engineering from Pennsylvania State University, his M.S. degree in Surveying and Mapping from the University of Wisconsin, and a law degree from West Virginia University. He taught law, engineering, and surveying at the University of Maine, and he actively practices in the areas of land development, real estate, construction, professional liability, mediation, arbitration, and boundary location. Dr. Hermansen is the author or co-author of several articles and law reviews on surveying, land development, easements, and boundary retracement, including several Maine State Bar Association practice series.

David Jackson

State Board of Licensure for Professional Engineers

Executive Director of the State Board of Licensure for Professional EngineersDavid W. Jackson Jr., Esq. is the executive director of the State Board of Licensure for Professional Engineers.  Mr. Jackson is an attorney licensed in Maine and Massachusetts and serves as the executive director of the State Board of Licensure for Professional Engineers. Mr. Jackson received a B.A. degree in English from Brigham Young University and later returned to school and received a J.D. degree from the Massachusetts School of Law. He moved to Maine in 2005 and worked in the board office while studying for the Maine bar. Mr. Jackson served on the board as the public member from February 2008 to March 2010. In 2012, he left the Office of the District Attorney for Kennebec and Somerset Counties to become the executive director of the board.

Gregg Ritter

Clark Insurance

Vice President of Professional Liability Insurance at Clark Insurance in PortlandMr. Ritter has been in the insurance industry for over 25 years. He originally was a property and casualty claims manager in Seattle, Washington. Over the past 15 years, he’s been a senior account executive at Clark Insurance in Portland, Maine, specializing in professional liability insurance for design professionals throughout Maine and New Hampshire. He is a frequent presenter on professional liability insurance at workshops throughout northern New England. Mr. Ritter is a vice president at Clark Insurance. He is also a member of ACEC, AIA, PLAN and the Portland Society of Architects. Mr. Ritter is a graduate of the University of Vermont and a board member for the Portland-based non-profit organization, Portland Educational Foundation.