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
D. Carson, Jr.

   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

Basic Contract Law Applicable to Engineering Engagements
C. M. Ellingburg

   Overview of some services contract issues
   General contract law applied to services contracts
   Advantages and disadvantages of standard form contracts
   Limitation on contractual risk allocation

Law of Engineering Malpractice
H.R. Comley, A. Norwood

   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

Contracting to Reduce Engagement Risk and Fairly Allocate Responsibility
C. M. Ellingburg

   Clear definition of parties’ scope of responsibility
   Deliverables and signoffs
   Adequate documentation, procedures and retention
   Limitations of damages and remedies
   Conflict resolution during and after project completion

What to Do When Risk Results in Potential Liability
D. Carson, Jr.

   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
C. Gatlin

   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

Credits

This course offers 7.0 PDHs, including 1.0 ethics hour, to Mississippi professional engineers.

Continuing Education Credit Information

This program is open to the public and offers Mississippi professional engineers 7.0 PDHs, including 1.0 ethics hour. Educators and courses are not subject to preapproval in Mississippi.

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

Andrew Norwood

Watkins & Eager

Attorney with Watkins & Eager in JacksonMr. Norwood’s practice focuses on litigation, including commercial, insurance, and general litigation, as well as bankruptcy and creditors’ rights. He joined Watkins & Eager in 2017 after serving for two years as law clerk to Judge Jason Woodard of the U.S. Bankruptcy Court for the Northern District of Mississippi. Mr. Norwood is a member of The Mississippi Bar.

Dorsey Carson

Carson Law Group

Founding Partner of The Carson Law Group
Mr. Carson is the owner of Carson Law Group, listed as one of U.S. News – Best Lawyers® “Best Law Firms.” He has over 22 years of experience working on behalf of numerous governmental entities, public and private owners, developers, general contractors, subcontractors, suppliers, lenders, sureties, architects and engineers. Mr. Carson’s practice focuses on government contracts, construction law, government relations, commercial litigation, and economic development.

H. Comley

Watkins & Eager

Attorney with Watkins & Eager in JacksonMr. Comley was admitted to the Mississippi Bar in 2006. His experience spans from general product liability litigation, automotive and aviation litigation to tort and construction. Mr. Comley also represents health care providers in HIPAA breach cases and Medicare/Medicaid administrative proceedings and appeals. From 1996-2003, he served our country as a Captain in the Aviation Branch of the United States Army. He holds a commercial pilot’s license (rotary-wing) with an instrument rating.

Michael Ellingburg

Daniel Coker Horton & Bell P.A.

Daniel Coker Horton & Bell P.A. in JacksonMr. Ellingburg leads the Appellate Law and Commercial/Business Litigation practices within Daniel Coker, and is active in advancing the firm’s technological capabilities and usage. He has mediated, arbitrated, and litigated complex matters in nearly every legal discipline touching design and construction from residential development to specialized design build commercial and industrial projects. Mr. Ellingburg is licensed in both Mississippi and Alabama, and he has also handled commercial construction cases in Louisiana and Florida by permission of the court in which the cases were pending. He provides individual client advice, and also works as part of a team of lawyers from within Daniel Coker. He was recently named a Fellow in the Construction Lawyers Society of America. Mr. Ellingburg is peer review rated in Martindale Hubble by both members of the Bar and the Judiciary as AV Preeminent, and by fellow members of the Bar in his practice areas as among The Best Lawyers in America for constructionlaw, construction litigation, banking and finance litigation, securities litigation, and commercial litigation. He has also been recognized by the American Registry in Top Commercial Litigation Lawyers; Top Attorneys in the Mid-South; the “Best of the Best,” the Top 1 percent of America’s Most Honored Professionals; and by Mid-South Super Lawyers. Project specific experience and client references are available on request.

Cheri Gatlin

Burr & Forman

Partner with Burr & Forman in JacksonMs. Gatlin represents contractors, owners and sureties in the work-out and resolution of construction defaults, and she has defended contractors, owners and engineers in construction-related mass tort cases, including claims for exposure to asbestos, silica, lead, mold, arsenic and other contaminants. She has successfully litigated numerous multi-million dollar claims in Louisiana, Alabama and Mississippi. Additionally, Ms. Gatlin advises clients through the construction process and is currently representing an international company in the construction of a multi-billion dollar industrial facility. She is a member of the Mississippi Bar Association, the American Bar Association (Tort and Insurance Practice Section and Member of the Forum in the Construction Industry), Steering Committee for Division 5 of the Forum of the Construction Industry and former member of the Charles N. Clark Inn of Court. Since 2010, Chambers USA, a leading guide to the legal profession, has named Ms. Gatlin as a “Leader in their Field.”