Managing Engineering Liability and Ethics Risks
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 5:00 pm
Professional Conduct and the Standard of Care
Identifying the various standards that can apply to your conduct
Properly establishing your contractual standard of care
Understanding standards of care imposed by public agencies andprofessional associations
Understanding How Contracts Can Shift, Reduce, or Increase Risk
An overview of contract law and key concepts
Understanding contract formation and a written contracts basic components
Recognizing risks raised by the scope of services provided and the general terms and conditions applicable to them
Learning how to avoid or manage those risks in negotiating your agreement
Law of Engineering Malpractice
Reviewing the grounds for professional liability claims
Identifying and examining common sources of professional liability claims
Reviewing defenses to liability claims
Appreciating the particular risks caused by your construction administration services
Damages recoverable under various claims
Participating in dispute resolution: arbitration, mediation, litigation
Complying with Licensure Board Rules & Regulations An Anatomy of a Professional Licensure Action
Complying with and analyzing rules of practice
Complying with rules on sealing of documents and plans
Avoiding the unauthorized practice of engineering
Engineering Ethics & Compliance with Rules of Professional Conduct – A Case Study Method
Complying with rules of professional conduct
Discussion of ethics hypotheticals/case studies
Promoting health and welfare vs. managing risk:complementary or conflicting duties
Integrating new technologies: identifying and balancing thebenefits and risks
Avoiding conflicts of interest
Reviewing ethics case studies and hypotheticals
Credits
This seminar provides 7.0 PDHs toprofessional engineers, including 2.0 ethics hours.
Speakers
Richard J. Davies
Hon. AIA Partner, Milber Makris Plousadis & Seiden, LLP
Mr. Davies’ practice is focused on the representation of engineers, architects, and other design professionals, as well as scientists and designers/manufacturers of complex products. Mr. Davies regularly handles cases involving errors and omissions affecting façade, structural, mechanical, plumbing, and fire protection systems, as well as accessibility (claimed violations of ADA, FHA, state or local accessibility requirements) in industrial, commercial, and residential buildings. He also handles schedule impact (such as delay, acceleration, and inefficiency) and extras claims, licensing prosecutions, and serious personal injury/wrongful death claims arising from construction projects. He serves as a lecturer on Contracts at the Thomas Jefferson University College of Architecture and The Built Environment. Mr. Davies and his partners in Pennsylvania are the Contributing Authors of the Pennsylvania section of the Cumulative Supplement of the State-By-State Guide to Design and Construction Contracts and Claims (Second Edition) published by Wolters Kluwer. He serves as Counsel to the Philadelphia Chapter of the American Institute of Architects (AIA) and as Counsel to The Carpenters’ Company of the City and County of Philadelphia. Mr. Davies is a Member of the Board of The Philadelphia Center for Architecture & Design (having served as its chairman for 5 years). He serves as a member of the Legal Reform Task Force for the Government Affairs Committee of AIA’s Pennsylvania Chapter working on legislative changes to positively affect the design community. He is a member of the American Council of Engineering Companies (ACEC) Legal Counsel Forum, a member of the Claims and Litigation Management Alliance (CLM), and a Charter Fellow of the Construction Lawyers Society of America (CLSA).
Anthony Potter
Offit Kurman Attorneys at LawAnthony Potter focuses his practice on representation of design professionals in all phases of the construction process including contracting, risk allocation, pre-claim resolution, mediation, arbitration, and construction litigation. He provides counsel and representation to architects, engineers, and others on administrative law questions including professional licensing matters. He is a member of the Advisory Board for the Civil Engineering and Structural Design and Construction Engineering Technology Programs at Penn State Harrisburg. Mr. Potter is frequently called upon to provide seminars for design professionals and architectural and engineering students on loss prevention, standard form construction contract documents, construction litigation, professional licensing and professional ethics. He has represented clients before administrative agencies, the Commonwealth Court, the Supreme Court of Pennsylvania, the U. S. District Court for the Middle District of Pennsylvania, the Third Circuit Court of Appeals, and the United States Supreme Court. Previously, Mr. Potter was assistant general counsel to Governor Tom Ridge.