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 and
Managing Risk with General Liability and Professional Liability Insurance Coverage

G. Quesada

   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
   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

Understanding How Contracts Can Reduce (or Increase) Risk
M. Smith

   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. Hammond

   Review the legal theories advanced in professional liability claims
   Identify who commonly brings professional liability claims
   Understand why professional liability claims are brought
   Ramifications of potential damages
   Overview of participating in dispute resolution: arbitration, mediation, litigation
   Case study #1

Law of Engineering Malpractice 2.0
B. Hammond

   Overview of key contract clauses that will limit risk and assist in the defense of a claim
      Scope of services
      Standard of care
      Ownership of documents
      Jobsite safety
      Limitation of liability
      Certifications, warranties and guarantees
      Payment
   Review defenses to liability claims
   Understand design delegation and how it impacts potential legal exposure
   Discuss design specifications versus performance specifications, how they are different and why it matters
   Case study #2
   (As time allows) Overview of liability in IPD contracts and BIM

What to Do When Risk Results in Potential Liability
S. Stoner

   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

Credits

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 continuing education hours to Michigan professional engineers in accordance with their administrative rules. Educators and courses are not subject to preapproval in Michigan.

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.

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 Hammond

Hilger Hammond

Attorney with Hilger HammondA significant portion of Mr. Hammond’s practice concerns construction law, where he is routinely engaged in complex litigation. His clients are representative of all parties involved in construction, including owners, design professionals, general contractors, subcontractors, and suppliers. The remainder of Mr. Hammond’s practice involves commercial and residential real estate transactions, business law, and commercial litigation.

Gary Quesada

Partner at Cavanaugh & Quesada PLC, in Royal Oak, MI

Mr. Quesada has been practicing law since 1993 and is admitted to all Michigan Courts and the U.S. District Courts of Michigan. His practice has been concentrated in the design and construction industries. He has represented architects, engineers, contractors, suppliers, private construction owners, and public entities in business and construction law matters, contract, construction and property disputes, construction lien and bond claims and defense, professional malpractice, copyright, insurance claims and defense and government affairs. Mr. Quesada has been named an honorary affiliate member of the AIA, and he was named one of Metro Detroit’s Top Lawyers by DBusiness Magazine. He is also an arbitrator on the AAA panel.

Matthew Smith

Member of Clark Hill in Lansing, MI

Mr. Smith is a full-service construction attorney handling a large portfolio of suppliers, subcontractors, developers, engineers and general contractors in a variety of construction and commercial litigation matters. A seasoned attorney, He handles matters involving construction liens, bonding and surety claims, contracts, bankruptcy, creditors’ rights, labor, real estate, and design and construction defect litigation. Mr. Smith is experienced in business, bankruptcy, construction, creditors’ rights, real estate, and civil litigation.

Scott D. Stoner

Attorney at Starr, Butler, Alexopoulos & Stoner, PLLC in Troy, MI

Mr. Stoner has successfully defended claims against design professionals for design defects, tortious interference, failure to inspect, and damages for delay, and he has handled contractor claims and surety and lien claims. In addition, he frequently represents shareholders in various business disputes, including breach of fiduciary duty, fraud, and usurpation of corporate opportunity. Mr. Stoner has successfully tried cases in both state and federal courts. His contributions to the legal profession are not limited to the courtroom. He has lectured extensively on various risk management issues for design professionals on areas such as contract drafting, project documentation, claims handling, and other issues that typically arise during a construction project. Mr. Stoner earned his Bachelor of Arts degrees in Economics and Political Science from Indiana University and his Juris Doctorate degree from the University of Toledo College of Law.