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

Managing Risk in the Practice of Engineering 
B. Berger, A. Di Gioia

    Identifying engineering risks 
   Reviewing consequences of potential risks
   Understanding principles of risk management
   Complying with professional and ethical standards
   Identifying strategies to minimize engineering risk and maximize positive results

Understanding How Contracts Can Shift, Reduce (or Increase) Risk 
B. Berger, A. Di Gioia

   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

Law of Engineering Malpractice 
B. Berger, A. Di Gioia

   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

Reducing Risk for Yourself, Your Company and Your Clients 
L. Conrad, A. Leone, M. Manson

   Negotiating fair and understandable contract terms
   Maintaining adequate documentation
   Implementing document retention policies and procedures
   Utilizing forms and standard documents
   Communicating with clients and other parties
   Implementing quality control practices
   Using alternative dispute resolution procedures

Minimizing Risk by Maximizing Compliance 
with Rules of Professional Conduct 
L. Conrad, A. Leone, M. Manson

   Complying with rules of professional conduct
   Preventing conflicts of interest
   Complying with rules on sealing of documents and plans
   Preventing the unauthorized practice of engineering
   Discussion of ethics hypotheticals/case studies
   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 Liability Insurance Coverage 
L. Conrad, A. Leone, M. Manson

   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

Credits

This course offers Connecticut professional engineers
a valuable 7.0-hour educational opportunity

 Continuing Education Credit Information

This seminar is open to the public and offers Connecticut professional engineers a 7.0-hour educational opportunity. Connecticut professional engineers do not have a mandatory continuing education requirement.

Professional engineers seeking continuing education credits in other states should refer to the state-specific rules to determine the eligibility of this course.

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

Benjamin Berger

Di Gioia Berger

Di Gioia Berger
Mr. Berger’s practice areas have included construction law, business law, professional defense and intellectual property litigation. Representative clients include architects, engineers, small businesses and manufacturers in an array of litigation, contract and general business and employment matters. Mr. Berger is a member of the Connecticut Bar Association and the Executive Committee of the Construction Law Section of the CBA. He is a former co-chair of the Construction Section of the Connecticut Bar Association’s Young Lawyers’ Committee, and he has been a participant in the Hartford College Construction Institute. Mr. Berger obtained his J.D. degree from Boston University School of Law.

Luke R. Conrad

Luke R. Conrad-Hinckley Allen
Mr. Conrad’s practice is focused on the representation of general contractors, construction managers, subcontractors, suppliers, owners/developers, architects and engineers in construction-related matters. Mr. Conrad advises clients regarding all aspects of the construction process and has experience as a general contractor and as an attorney in the mediation, arbitration and litigation of construction disputes.

Anita Di

Di Gioia Berger

Di Gioia Berger
Ms. Di Gioia focuses her practice on complex civil litigation and in particular within the construction industry, she represents owners, designers and contractors in all stages of their construction projects. She has experience negotiating and drafting construction contracts for all participants in the construction industry and also counsels her clients regarding effective risk management and insurance coverage. Ms. Di Gioia also handles construction claim resolution, whether through alternative dispute resolution or litigation. Ms. Di Gioia is a member of the Connecticut Bar Association and the New Haven County Inn of Court. She is admitted to practice in Connecticut, Louisiana and New York. She obtained her under graduate degree, magna cum laude, from Siena College, and her law degree, magna cum laude, from the Tulane University School of Law.

Antonino Leone

Hinckley Allen

Hinckley Allen
Mr. Leone’s practice includes construction litigation, contract drafting and negotiation. He represents public and private owners, developers, designers, general contractors, subcontractors, suppliers and other construction industry clients in vertical building construction projects as well as in road, highway and bridge projects. He has handled a wide range of matters relating to the various issues that face construction projects including bidding, payment, delays, performance, termination, surety bond claims and mechanic’s liens.
Mr. Leone regularly represents and counsels clients in diverse business and commercial matters including corporate formation and financing, contract drafting and negotiation, and employment issues. He advises and represents clients with respect to tort and contract claims and litigation. He has litigated cases before state and federal courts, and in arbitration.
Prior to becoming an attorney, Mr. Leone worked as a licensed professional structural engineer responsible for the design and analysis of structural systems and components, and the preparation of contract plans and specifications for the structural design of highway bridges, and of commercial, industrial, and residential building projects ranging from $1 Million to $350 Million. He currently maintains his registration as a professional engineer in the state of Connecticut.

Molly Manson

Hinckley Allen

Hinckley Allen
Ms. Manson’s practice is focused on the representation of general contractors and owners in claims and disputes arising out of construction-related matters. Ms. Manson has cases pending before state courts and arbitrators alike. As an experienced litigator, Ms. Manson has experience representing insurers, corporate entities, and individuals on a broad array of cases involving design and construction defects, environmental conditions, employment discrimination, breach of contract, and professional negligence. Ms. Manson is admitted to practice in Connecticut, Massachusetts and New York.

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