Agenda

Registration                     8:00 – 8:30 am
Morning Session             8:30 – 11:45 am
Lunch (On your own)      11:45 am – 12:45 pm
Afternoon Session          12:45 – 5:30 pm

Applying Risk Management Principles to the        C. Stacy
Practice of Engineering

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       A. Richie
(or Increase) Risk and Potential Liability

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

Minimizing Risk by Maximizing Compliance        K. Williams
with Rules of Professional Conduct

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

      • 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

What to Do When Risk Results in Potential Liability        N. Gavrizi

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

Construction litigation explained

Managing Risk with General Liability and Professional        M. Talley
Liability Insurance Coverage

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

Credits

Professional Engineers
7.5 PDHs, including 1.0 ethics hour

This seminar is open to the public and offers 7.5 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval in Texas.

Professional engineers seeking continuing education credits 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

Nicholas Gavrizi

Cokinos | Young

Nicolas Y. Gavrizi is an associate attorney in the Austin office of Cokinos | Young. His practice is focused on construction law — representing general contractors, subcontractors, owners, and design professionals in lawsuits involving allegations of construction/design defects and other matters related to dispute management and avoidance, enforcement of lien rights, and contract negotiation/drafting. During law school, Mr. Gavrizi was president of UT Real Law (a real estate law organization), a publishing member of the Texas Environmental Law Journal, and a judicial intern for U.S. Magistrate Judge Andrew Austin.

Adam Richie,

Munsch Hardt Kopf & Harr

Attorney at Munsch Hardt Kopf & Harr in Austin
Mr. Richie is an attorney in the construction and construction litigation sections of Munsch Hardt. Prior to becoming an attorney, Mr. Richie worked as a mechanical engineer and project manager at a prominent consulting engineering firm in Houston, Texas, and then after obtaining his law degree, as general counsel. He is also one of a handful of attorneys in Texas credentialed as a licensed professional engineer and a LEED-accredited professional (AP). He has experience in drafting and negotiating complex design and construction contracts for all types of commercial projects. Mr. Richie has also successfully represented owners (public and private), general contractors, subcontractors, and design professionals in numerous lawsuits and disputes.

Christopher Stacy

DuBois, Bryant & Campbell

DuBois Bryant & Campbell, Austin
Mr. Stacy is a partner at DuBois Bryant & Campbell and has over 15 year of experience, and he brings an extensive construction background to his practice as an attorney. Before entering law school, he obtained a degree in Architectural Engineering from the University of Texas and spent several years working in the construction industry on interstate highway, oilfield, water, wastewater and corrections projects in Texas, Wyoming, Utah and New Mexico. Mr. Stacy’s practice is divided between drafting and negotiating complex design and construction contracts and litigating disputes that arise in the construction industry.

Matthew Talley

Munsch, Hardt, Kopf & Harr, P.C.

Associate, Munsch, Hardt, Kopf & Harr, P.C.
Mr. Talley represents owners (public and private), design professionals, general contractors, and subcon­tractors in construction-related transactional and litigation matters. His transactional practice focuses on drafting and negotiating complex construction contracts, professional service agreements, subcontracts, and purchase orders. In addition, he specializes in drafting and negotiating contractual insurance requirements for commercial real estate and construction projects. On the controversy side, Mr. Talley frequently works with his clients in the construction industry to develop strategies to resolve insurance coverage disputes and complex litigation matters in state court, as well as in arbitration.
 

Kerry Williams

Chamberlain, Hrdlicka, White, Williams & Aughtry

Shareholder with Chamberlain, Hrdlicka, White, Williams & AughtryMr. Williams is a practicing litigation attorney specializing in construction/engineering/corporate law, oil and gas transactions, and maritime and international law. He is also a licensed professional engineer (civil). Mr. Williams received a B.S. degree in Civil Engineering from Texas A&M University, an M.S. degree in Aeronautical Engineering from the University of West Florida, an M.S. degree in Civil Engineering from the University of California – Berkeley, and a J.D. degree, with honors, from the University of Maryland. Bar admissions include Texas, Colorado, Maryland, and various federal courts. Mr. Williams is a member of the Texas Society of Professional Engineers, and the Houston, Texas, American Bar Associations.