Managing Engineering Liability and Ethics Issues
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 – 4:00 pm
Handling Ethical Issues in Professional M. Federle
Engineering Practice
Reviewing the Board’s standards of practice and conduct
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 the
benefits and risks
Reviewing ethics case studies and hypotheticals
Managing Risk with General Liability and Professional P. Cranley
Liability Insurance Coverage
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
Law of Engineering Malpractice J. Levy
Current state of professional liability law
Common sources of professional liability claims
• Breach of contract, negligence, misrepresentation,
strict liability, fraud
Defenses to liability claims
Determining damages
Participating in dispute resolution: arbitration, mediation, litigation
Insurance coverage for professional liability claims
Understanding How Contracts Can Reduce B. Zimmerman
(or Increase) Risk
An overview of contract law and key concepts
Understanding contract formation and revision
Recognizing liability exposure under contract
Reviewing standard contract provisions and
understanding their impact on risk
Guarantees, warranties and indemnities
Understanding consequences for delay, disruption,
nonperformance, inadequate performance
Using contract terms to manage risk
Credits
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 professional development hours, including 2.0 ethics hours, to Wisconsin professional engineers. Educators and courses are not subject to pre-approval in Wisconsin. The number of PDHs are determined using 50-minute hours – A-E13.02(8).
Wisconsin engineers with continuing education requirements 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, or contact HalfMoon Education for assistance.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Paul Cranley
Husch BlackwellPartner with Husch BlackwellMr. Cranley is a partner with Husch Blackwell in Madison. He concentrates his practice in commercial litigation. Mr. Cranley’s extensive trial experience includes the defense of contractors in cases involving alleged construction defects, personal injury, and construction liens. Before entering private practice, Mr. Cranley worked in the insurance industry for nine years managing professional and general liability claims. As a lawyer, he frequently consults with construction clients regarding how to protect their businesses through insurance, and he has litigated numerous insurance disputes on behalf of contractors and owners. Mr. Cranley regularly lectures on insurance coverage and other construction law topics at the University of Wisconsin. He earned his undergraduate degree from the University of Notre Dame (BA, 1988) and his law degree from DePaul University (1997).
Dr. Federle, PhD, PE, CPC
Marquette UniversityDr. Mark O. Federle, PhD, PE, CPC, is the associate dean for Academic Affairs and the McShane chair in Construction Engineering and Management at Marquette University. He had the responsibility to start what became the 13th ABET-accredited construction engineering program in the country. Previously he was chief information officer for the Weitz Company in Des Moines for nine years. Prior to The Weitz Company, Dr. Federle was the professor-in-charge of the Construction Engineering program at Iowa State University, where he taught for nine years. In 1998 he was recognized by the ISU engineering student council as the outstanding construction engineering faculty member. Dr. Federle began his career in the construction industry working as a foreman, superintendent and project manager for general contractors in Indiana and Michigan. He earned PhD and masters degrees in Construction Engineering and Management from the University of Michigan. Dr. Federle is a licensed professional engineer and a certified professional constructor. He was recognized by Associated General Contractors of America as Instructor of the Year in 2011. He is a Fellow of the American Society of Civil Engineers.
Joshua Levy
Husch BlackwellPartner at Husch Blackwell
As the Co-Leader of Husch Blackwell’s Construction and Design Group, Mr. Levy specializes in all aspects of construction law. He regularly assists businesses from the onset of planning to the ribbon cutting ceremony. Mr. Levy has represented clients in more than 50 American Arbitration Association hearings, as well as numerous state and federal court and jury trials. He also has served as an arbitrator on the AAA construction industry panel of neutrals for over 10 years. Mr. Levy provides training to design and construction firms and helps his clients navigate the complexities of all types of projects.
Brian R. Zimmerman
Brian R. Zimmerman Shareholder at Hurtado Zimmerman
Mr. Zimmerman’s practice focuses in the areas of construction and real estate litigation, alternative dispute resolution, commercial and residential real property, including title and survey analysis, and construction contract preparation and negotiation. He often represents contractors, architects, engineers and project owners in disputes regarding construction defects, delay, warranty claims, theft by contractor claims, right to cure and home improvement practices claims, and construction lien foreclosure. A significant portion of Mr. Zimmerman’s practice involves drafting and negotiating construction contracts through custom and model form contracts (AIA, Consensus Docs, DBIA, and EJCDC). He has worked as an engineering technician for both private and public entities performing design and survey work on various large transportation, municipal and building construction projects throughout southeastern Wisconsin.