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
Managing Risk with General Liability and
Professional Liability Insurance Coverage
J. O’Neill
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 Shift, Reduce (or Increase) Risk
S.Khan
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. Dennehy
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
D. Brogna
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
What to Do When Risk Results in Potential Liability
J. Dennehy
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. Hawkins
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
Professional Engineers
7.0 PDHs, including 1.0 Ethics Hour
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 PDHs, including 1.0 ethics hour, to professional engineers in most states, including New Hampshire. Educators and courses are not subject to preapproval in New Hampshire
Professional engineers seeking continuing education credit in other states should examine their continuing education rules to determine if the subject matter of this course qualifies for continuing education credit.
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
Denise Brogna
Donovan Hatem LLPDonovan Hatem LLP, Boston, MA
Ms. Brogna is a partner in Donovan Hatem’s Professional Practices, Business Litigation, Insurance and Tort Litigation group. She has extensive experience as a trial and appellate lawyer with both large and small firms, including first chair appellate, jury and bench trial experience in both state and federal courts. Ms. Brogna reviews and resolves claims for design professionals throughout the United States where her fact-finding skills are helpful in effectively resolving disputes or liability issues. In addition to defending design professionals, she has also represented officers and directors, real estate agents and brokers, developers, general contractors, and lenders in the areas of construction defect, business litigation, corporate law, real estate, employment law, land use, and tax abatement. Ms. Brogna ran a solo practice for years in addition time spent practicing within law firms.
John Dennehy
Managing Partner, Dennehy Law, Nashua, NHMr. Dennehy’s practice areas include business litigation, civil litigation, design and construction law, corporate law, employment law, and insurance law. He represents professionals including architects, business owners, engineers, surveyors, attorneys, and real estate brokers in litigation matters. Mr. Dennehy has handled a wide range of disputes involving high-rise buildings, hospitals and laboratories, office buildings, college and university buildings, preparatory and public school buildings, museums, churches, manufacturing plants and processing facilities, water treatment facilities, and roads and bridges. He has also handled tax issues and real estate transfers. He engages in high-exposure personal injury matters including wrongful death, traumatic brain injury, quadriplegia, amputation, and disfigurement. Mr. Dennehy has represented clients in complex business disputes, involving self-directed IRAs, hedge funds, copyright and trademark violations, and partnership disputes, as well as trade secret and commercial contract disputes. He also represents individuals and families in a variety of litigation matters requiring strong advocacy. Mr. Dennehy frequently appears in state and federal courts in New Hampshire and Massachusetts and has obtained successful results as solo and first chair counsel in bench and jury trials in District and Superior Courts. He frequently represents clients in complex matters at mediation and speaks at seminars.
Christopher Hawkins
Devine Millimet & BranchOf Counsel, Devine Millimet & Branch, P.A.
In his role as a counselor, Mr. Hawkins has advised design professionals and technology businesses on contracts, risk management, policy development, and regulatory matters. His practice has been diverse over his 23-year career, including First Amendment issues, environmental, white collar criminal defense, personal injury, employment, premises liability, and a host of other issues. Mr. Hawkins is admitted to practice in New Hampshire, Massachusetts, Maine and Connecticut, and has litigated cases in each of these states. He has been fortunate to litigate cases in Vermont, Illinois, Kansas, Iowa, Wisconsin, and the United Kingdom.
Sakib A. Khan, Esq.
Attorney and Principal at Khan Law PLLC in the Greater Boston Area, MAMr. Khan advises project owners, general contractors, subcontractors, architects, engineers, sureties and consultants on construction-related legal matters. A substantial portion of Mr. Khan’s practice is focused on pre-litigation, dispute avoidance and risk management counseling. This includes construction contract drafting and negotiation and development of strategies for project owners and construction industry clients to address and resolve contract claims for additional time and compensation during the course of the project and without external intervention by legal counsel, much less appearance in court or arbitration. He earned a B.S. degree in Civil Engineering from the Columbia University School of Engineering and Applied Science and a J.D. degree from Boston College Law School. Mr. Khan is admitted to practice law in Massachusetts, New Hampshire and New York.
John O'Neill
Sugarman, Rogers, Barshak & Cohen, P.C.Partner at Sugarman, Rogers, Barshak & Cohen, P.C. in Boston, MAMr. O’Neill is a partner in the firm who focuses his practice on business litigation, insurance coverage disputes and professional liability litigation. He represents individuals and businesses in a wide range of commercial disputes, including claims for breach of contract, commercial fraud, breach of fiduciary duty, and violation of consumer protection statutes. He has also defended clients in connection with class action lawsuits. Mr. O’Neill has extensive experience representing insurers and policyholders in complex insurance coverage disputes. He advises and represents clients on a wide variety of coverage issues arising under professional liability, directors and officers liability, general liability, aviation, and property insurance policies. He also advises and represents clients in connection with claims for bad faith and extra-contractual liability.