Agenda

Registration:                        8:00 – 8:25 am

Morning Session:                8:25 – 11:45 am

Lunch (On your own):         11:45 am – 12:45 pm

Afternoon Session:             12:45 – 5:00 pm

Introduction and Overview 
J. Dinardo
 Minimizing Liability Risks by Maximizing 
Compliance with Rules of Professional Conduct
J. Dinardo

   Complying with rules of professional conduct
      • Objectivity and truthfulness 
      • Competency 
      • Confidentiality
   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

Engineer’s Duties and Liabilities to the  
Contractor in the Design-Bid-Build Delivery Model
G.S. Walters

   Sufficiency of design 
   Administration of contract for owner
   Review of contractor submittals 
   Inspection of contractor’s work
   Approval or rejection of contract pay applications

Understanding How Contracts Can Shift, Reduce (or Increase) Risk 
S.E. Luken

   Design specifications vs. performance specifications
   Keys to proper contract drafting Risk avoidance regarding related contract clauses
   Green infrastructure rating systems and sustainable projects
   DBIA sustainable project goals
   Consensus Docs – Green Building Addendum
   Other industry forms

Lunch (Provided by Smith, Currie & Hancock LLP)
Law of Engineering Malpractice 
A. Haimo, E. Polyak

   Overview of the standard of care for engineers
   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
   Resolving professional liability claims 
   Dispute resolution: arbitration, mediation, litigation

Reducing Risk for Yourself, Your Company and Your Clients 
C. Horton

   Recent changes to the AIA form documents
   Negotiating fair and understandable contract terms
   Understanding consequences for delay, disruption, nonperformance, inadequate performance
   The economic loss rule
   Shop drawing liability
   Standard of care and insurability

Are Engineers Subject to OSHA Rules?
M. Porter

   What is the importance of OSHA for a civil engineer?
   Important regulations every engineer must know
   OSHA reform blueprint 
   Recent developments with OSHA
   Penalties for non compliance 
   Appealing OSHA decisions
   How to mitigate your risk

Managing Risk with General Liability and  
Professional Liability Insurance Coverage
K. Johnston

   Coverage provided by general liability vs. professional liability policies
   Certificates of insurance and additional insureds
   Indemnities 
   Assignment 
   Subrogation
   Warranties, guarantees and certifications
   Recognizing and responding to design professional claims
   Obtaining coverage for engineer liability-related claims

Credits

Engineers
     7.0 FL Area of Practice CE Hours

Georgia Attorneys
     7.0 CLE Hours

Florida Attorneys
     8.5 CLER Credits
     8.5 Civil Trial Certification Credits

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 continuing education hours to engineers in Florida.

HalfMoon Education is an approved continuing education provider for Florida professional engineers (Provider No. 0004647). This course qualifies for 7.0 Area of Practice continuing education hours.

The Florida Bar Legal Specialization and Education Board has been approved this program for 8.5 CLER credits, including 8.5 Civil Trial certification credits, for Florida attorneys. The Georgia State Bar has approved this course for 7.0 regular CLE hours for attorneys.

Attendance will be monitored and reported, as required. 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

Joseph J. Dinardo

Partner in the Atlanta office of Smith, Currie & Hancock LLP.
Mr. Dinardo’s practice focuses mainly on construction disputes, lien prosecution and defense, contracts, commercial litigation, labor law, and collections. He currently serves on the Associated Builders and Contractors of Georgia’s (ABC) Management Education Committee and is involved with the Construction Management Association of America (CMAA).

Adam F. Haimo

Partner in the Fort Lauderdale office of Smith, Currie & Hancock LLP
Mr. Haimo is board certified in construction law by The Florida Bar. He practices in all areas of civil litigation with a focus on the construction and real estate investment industry. His extensive litigation experience includes complex commercial litigation, real estate, construction litigation, banking litigation, construction defect and delay cases, toxic mold litigation, and other civil matters involving real estate. His experience also includes litigation of business torts, breach of contract and tortious interference.

Kirk D. Johnston

Partner in the Atlanta office of Smith, Currie & Hancock LLP
Mr. Johnston focuses his practice in the areas of construction litigation, risk management and transactional services. He has many years of experience representing owners, general contractors, architects, surety companies, and other entities on a wide range of construction projects, including high rises, highways, bridges, and industrial complexes. A significant portion of his practice involves claims avoidance through assisting clients in every phase of the construction process. Mr. Johnston is a licensed property and casualty insurance adjuster and his experience in the interpretation of insurance policies further aids owners and contractors in catastrophic loss management, litigation and construction-related claims under CGL, professional liability, and builders’ risk policies.

S. Elysha Luken

Partner in the Fort Lauderdale office of Smith, Currie & Hancock LLP and a Board Certified Construction Attorney by the Florida Bar.
Ms. Luken specializes in representing contractors, suppliers, owners, design professionals and sureties in public and private construction disputes, including bid protests, prosecuting and defending contractor claims, drafting and negotiating contracts, construction lien and bond claims, and contractor and professional licensing.

Eugene Polyak

Partner in the Fort Lauderdale office of Smith, Currie & Hancock LLP.
Mr. Polyak specializes in drafting and negotiating design and construction contracts on behalf of owners, general contractors, subcontractors, architects/engineers, and consultants. He provides advice during ongoing construction projects, and serves as counsel in the development, prosecution, and defense of construction-related claims. His extensive litigation experience includes mortgage repurchase litigation, commercial foreclosures, business torts, landlord-tenant disputes, employment disputes, and antitrust.

G. Scott Walters

Partner in the Atlanta office of Smith, Currie & Hancock LLP
Mr. Walters received a B.C.E. (Bachelor of Civil Engineering) degree from The Georgia Institute of Technology in Atlanta, Georgia. Before law school, he worked as a project engineer, project manager, and owner’s representative on numerous commercial construction and environmental remediation projects. Mr. Walters has represented contractors, subcontractors, owners, and developers in general business matters, contract claims, and disputes involving real estate issues, bid protests, differing site conditions, changes, delays, defective plans and specifications, construction defects, and regulatory compliance.

CD/Manual Price: $289.00

Currently, our self-study products DO NOT qualify for AIA, LACES, ASLA or CLARB credit.

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.

Learn More

DISCLAIMER

Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity. It’s your responsibility to determine whether or not this on-demand course meets your continuing education requirements.

You must take and pass a quiz in order to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz. Once the quiz is completed, you will be asked to download your certificate.

Videos that qualify for AIA, LACES, ASLA, or CLARB credit will require an extra week for processing.

Streamable MP4/PDF

Available approximately 1 week after the date of the live event or the date of your order, whichever is later.

To track your purchase you will need to create an account on the website using the email address used for your registration.

The video will have occasional question prompts that will not allow the video to progress unless they are answered. You will not be able to skip forward while watching the video.

If you attempt to resume watching the video on a separate device, your progress will not be saved.

Click the link which appears at the end of the video to be taken to the course quiz.

USB MP4/PDF

HalfMoon will mail these materials via USPS. Please allow 2 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The link to the quiz will be available in a PDF in your USB drive marked QUIZ.

HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.

Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org