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 – 5:00 pm
Contractual Management of Risk in the Practice of Engineering M. Rechtien
Identifying engineering risks
Reviewing consequences of potential risks
Reviewing risk management standards, techniques, and strategies to minimize engineering risk and maximize positive results
Understanding How Contracts Can Reduce (or Increase) Risk M. Meldrum
An overview of contract law and key concepts
Negotiating fair and understandable contract terms
Understanding contract formation and revision
Recognizing liability exposure under contract
Utilizing forms and standard contract documents
Reviewing standard contract provisions and understanding their impact on risk
• Indemnification
• Guarantees and warranties
Minimizing Risk by Maximizing Compliance with Rules of Professional Conduct M. Rechtien
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
Reviewing ethics case studies and hypotheticals
What to Do When Risk Results in Potential Liability M. Meldrum
Contract claims versus professional liability claims
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
• Alternative dispute resolution procedures
• Litigation
Understanding consequences for delay, disruption, non-performance, inadequate performance
Managing Risk with General Liability and Professional Liability Insurance Coverage E. Moore
History and current state of the professional liability market
Differences between general liability and professional liability
The professional liability policy – important provisions and endorsements
Understanding the application for professional liability coverage
Certificates of insurance and additional insureds
Warranties, guarantees and certifications
Recognizing and responding to professional liability claims
Considerations when purchasing professional liability insurance
Credits
Professional Engineers
7.0 CE Hours
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
Maria Meldrum
Sullivan, Ward, Asher & Patton, P.C.Partner at Sullivan, Ward, Asher & Patton, P.C. in SouthfieldMs. Meldrum focuses her practice in the areas of engineering and construction law and related transactional matters. Having worked as an engineer for over 10 years, she brings her knowledge and experience in civil design and project management to the practice of law. She has litigated and arbitrated contract, building construction, engineering design (structural, environmental, coastal, civil, mechanical, geotechnical), asbestos and building material, and project management claims related to industrial and commercial facilities. She has also assisted in litigation related to legal malpractice claims. Ms. Meldrum is a member of the American Arbitration Association Construction Panel and serves as an arbitrator on both small and complex matters. She is admitted to the bars in Michigan, California, and Arizona. She maintains her engineering licenses in California, Arizona, and Michigan.
Eric A. Moore, CIC, LIC
Vice President Moore Insurance ServicesMr. Moore is a Certified Insurance Counselor and Licensed Insurance Counselor who has specialized in insuring architects, engineers, environmental consultants, and surveyors for over 25 years. He is past president of a/e ProNet, current chair of the City of Hillsdale Planning Commission, and trustee on the Hillsdale Community Schools Board of Education, and he is active with the Exchange Club of Hillsdale. Moore Insurance Services was founded in 1894 as the W.D. Taylor Agency, Charles L. Moore purchased the agency in 1968 and the Moore family has continued providing the professional and personal insurance service that William Dempster Taylor started 129 years ago.
Matthew Rechtien
Bodman PLCPartner at Bodman PLC in Ann Arbor, MIMr. Rechtien concentrates his practice in commercial litigation as well as in construction and insurance law. He represents a range of clients, including banks, contractors, owners, suppliers, insurers, and design professionals in negotiations and disputes, from pre-trial through collections. He is a frequent author and speaker in the subjects of construction, engineeringand insurance law. Before becoming an attorney,Mr. Rechtien worked for five years as a consulting structural engineer in Texas where he designed structures for buildings and stadiums. He is a licensed professional engineer in Michigan, Washington and Texas (inactive). Mr. Rechtien is listed as a 2014 “Top Lawyer” by DBusiness magazine and was also recognized as a “Rising Star” in Construction Litigation in Michigan Super Lawyers in 2013 through 2015.