Managing Engineering Liability and Risk Seminar
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
Applying Risk Management Principles to the
Practice of Engineering H. Stevens
Identifying engineering risks
Reviewing consequences of potential risks
Understanding principles of risk management
Reviewing risk management standards and techniques
Identifying strategies to minimize engineering
risk and maximize positive results
Understanding How Contracts Can Reduce
(or Increase) Risk R. Carney
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 J. Smith
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
Managing Risk with General Liability and
Professional Liability Insurance Coverage R. Kelly
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
What to Do When Risk Results in Potential Liability N. Lentini
Understanding causes of professional liability claims
Parties who can bring a claim for professional negligence
Understanding the standard of care
Understanding the law of damages
Resolving professional liability claims
Minimizing Risk by Maximizing Compliance
with Rules of Professional Conduct E. Saboura-Polkovotsy
Complying with rules of professional conduct
Objectivity and truthfulness
Competency
Confidentiality/non disclosures
Preventing conflicts of interest
Complying with rules on sealing of documents and plans
Preventing the unauthorized practice of engineering
Promoting health and welfare vs. managing risk:
complementary or conflicting duties?
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
Credits
This course offers 7.0 Category A PDHs,
including 1.0 Ethics Hour, to Maryland
Professional Engineers
Continuing Education Credit Information
This seminar is open to the public and offers up to 7.0 Category A PDHs, including 1.0 ethics hour, to Maryland professional engineers. HalfMoon Education is an approved continuing education provider for engineers in Maryland. Individual courses are not subject to preapproval.
Engineers 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.
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
Robert Carney
Whitford Taylor PrestonPartner at Whiteford, Taylor & Preston L.L.P. in Columbia, MD Mr. Carney’s practice focuses on construction contract drafting and negotiation, construction claims and dispute avoidance, mechanic’s liens, design and construction defects, and dispute resolution. He regularly represents owners, developers, design professionals, contractors, and subcontractors. He is a member of the American Bar Association Forum on Construction Industry, The Associated General Contractors of Maryland, and The Maryland State Bar Association Construction Law Section. He is a frequent speaker before several educational organizations. He is a member of the bars of the Supreme Court, the Federal and state courts of Maryland and the District of Columbia, and the United States Federal Court of Claims. Mr. Carney received his B.A. degree from Haverford College and his J.D. degree, Order of the Coif, from the University of Maryland School of Law.
Robert Kelly
Director, Jackson & Campbel, P.C., Washington D.C.Mr. Kelly’s practice has concentrated on the counseling and defense of clients in litigation arising out of construction defect and delay claims, professional liability claims, environmental and toxic tort disputes and pharmaceutical product liability claims. He also assists insurance companies in resolving coverage questions arising under general liability policies, and he represents insurers in coverage litigation. Mr. Kelly speaks and publishes frequently on litigation and insurance coverage topics. He authors and provides annual updates to the chapters on District of Columbia law in the highly-regarded Tort Law Desk Reference and the Product Liability Desk Reference. He has been appointed a fellow of the American Bar Foundation, and has received the coveted “SuperLawyer” designation for Washington, DC, in the field of professional liability defense. Mr. Kelly’s education includes a BSE degree in Civil Engineering from Princeton University.
Nicole Lentini
SemmesSemmes, BaltimoreMs. Lentini maintains a general litigation practice concentrating primarily in construction, insurance defense, and insurance coverage. She has represented owners, contractors and design professionals in a full range of disputes, including claims arising from delay, scheduling or changes in scope; construction or design defects; insurance and indemnity agreements; and payment and performance bonds. Her practice includes trial and appellate work at both the state and federal levels. Ms. Lentini was a founding member of the Maryland State Bar Association’s Construction Law Section and served as the Section’s chair. Ms. Lentini was selected as a Fellow in the ABA Forum on Construction Law and serves on the Steering Committee for Division 2, Contract Documents. She attended Rutgers University for her B.A and B.S. degrees, and she received her J.D. degree from Washington College of Law at American University.
Elias Saboura-Polkovotsy
Beiramee & SabouraBeiramee & Saboura, BethesdaMr. Saboura-Polkovotsy is a practicing litigation and trial attorney. He litigates complex commercial, business, malpractice and professional regulatory matters throughout Maryland, Virginia and the District of Columbia. Over the past 15 years, Mr. Saboura-Polkovotsy has defended professionals in all types of professional liability matters arising out of alleged errors and omissions related to professional services in a wide range of professions including, attorneys, architects, engineers, design professionals, real estate professionals and healthcare professionals. He has also represented professionals with respect to peer review and other disciplinary matters and advised them in various other regulatory compliance matters. Prior to Beiramee and Saboura, P.C., Mr. Saboura-Polkovotsy was a shareholder at a 30+ attorney civil litigation and insurance defense firm in the Washington Metropolitan area. Prior to law school, he served as the director of International Sales and Marketing for a primary contractor to the US Department of Defense.
Jason Smith
Partner at Seyfarth Shaw LLP, Washington D.C.Mr. Smith is co-chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics’ liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and he has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.
Howard Stevens
Pascale StevensPascale Stevens, BaltimoreMr. Stevens represents a broad range of clients primarily in Maryland and the District of Columbia’s construction industry. His clients include general contractors, construction managers, subcontractors and suppliers, architects, engineers, and other design professionals. Mr. Stevens is approved counsel for many insurers of design professionals under their professional liability insurance policies,and he handles many construction law and construction-related claims such as mechanic’s lien actions, delay claims, construction defect claims, surety claims, and other related matters. His practice also includes working with clients to protect their intellectual property rights, such as their architectural designs and trademarks. Mr. Stevens has been recognized in Super Lawyers ® magazine for construction litigation practice from 2010 to 2017 and has been listed as a Top 100 Lawyer in Maryland in 2012, 2014 and 2016.