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 – 4:00 pm

Contract Law Primer for Engineers          C. McCabe, B. Sprout

   Reviewing the necessary elements of any contract

   Understanding contract “legalese”

      • Determining performance

      • What constitutes a breach of contract?

      • What are damages and remedies?

      • Liability-shifting contract provisions:
         warranties, guarantees and indemnities

   Making changes to contracts

Understanding the Investigatory and Disciplinary Practices of the Pennsylvania              J. McGuire
State Registration Board for Professional Engineers, Land Surveyors and Geologists

   Understanding the Board’s disciplinary powers

   Reviewing prohibited practices and grounds for disciplinary action

   Investigatory procedures

   Disciplinary hearings

   Administrative and other penalties and enforcement

Professional Liability Law for Engineers:          R. Davies
Understanding the Risks to Minimize Them

   Identifying who can bring a claim

   Reviewing the grounds for professional liability claims

   Understanding Professional Conduct and the Standard of Care

   Recognizing defenses to liability claims against engineers

   Participating in dispute resolution: arbitration, mediation, litigation

   Determining damages and remedies

Handling Ethical Issues in Professional Engineering Practice          C. McCabe, B. Sprout

   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

Credits

This seminar is open to the public and provides 6.0 continuing education hours (PDHs) to professional engineers in Pennsylvania, Educators and courses are not subject to pre-approval in Pennsylvania.

Professional engineers seeking continuing education credit in other states will be allowed to claim the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility. Due to Pennsylvania-specific course content, this program does not qualify for New York engineers.

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

Richard J. Davies

Hon. AIA Partner, Milber Makris Plousadis & Seiden, LLP
Mr. Davies’ practice is focused on the representation of engineers, architects, and other design professionals, as well as scientists and designers/manufacturers of complex products. Mr. Davies regularly handles cases involving errors and omissions affecting façade, structural, mechanical, plumbing, and fire protection systems, as well as accessibility (claimed violations of ADA, FHA, state or local accessibility requirements) in industrial, commercial, and residential buildings. He also handles schedule impact (such as delay, acceleration, and inefficiency) and extras claims, licensing prosecutions, and serious personal injury/wrongful death claims arising from construction projects. He serves as a lecturer on Contracts at the Thomas Jefferson University College of Architecture and The Built Environment. Mr. Davies and his partners in Pennsylvania are the Contributing Authors of the Pennsylvania section of the Cumulative Supplement of the State-By-State Guide to Design and Construction Contracts and Claims (Second Edition) published by Wolters Kluwer. He serves as Counsel to the Philadelphia Chapter of the American Institute of Architects (AIA) and as Counsel to The Carpenters’ Company of the City and County of Philadelphia. Mr. Davies is a Member of the Board of The Philadelphia Center for Architecture & Design (having served as its chairman for 5 years). He serves as a member of the Legal Reform Task Force for the Government Affairs Committee of AIA’s Pennsylvania Chapter working on legislative changes to positively affect the design community. He is a member of the American Council of Engineering Companies (ACEC) Legal Counsel Forum, a member of the Claims and Litigation Management Alliance (CLM), and a Charter Fellow of the Construction Lawyers Society of America (CLSA).

Christopher McCabe

Pion, Nerone, Girman, Winslow & Smith, P.C.

Attorney with Pion, Nerone, Girman, Winslow & Smith, P.C.
Mr. McCabe is a shareholder of Pion, Nerone, Girman, Winslow & Smith, P.C. He has a diverse practice focused on insurance defense, transportation litigation, and construction litigation. Mr. McCabe is admitted to practice before the Supreme Court of Pennsylvania and the District Court for the Western District of Pennsylvania. He is a member of the Allegheny County and Philadelphia County bar associations. While attending law school, Mr. McCabe clerked for the Honorable Russell J. Nigro of the Pennsylvania Supreme Court and the Honorable James R. Cavanaugh of the Pennsylvania Superior Court. Prior to joining the firm, Mr. McCabe worked for two large regional law firms in Philadelphia and Pittsburgh, respectively. While working for these firms, Mr. McCabe defended cases involving wrongful death, personal injury, property damage and subrogation matters. He also represented various insurers and re-insurers in disputes over policy coverage and interpretation. Mr. McCabe also has significant experience defending architects, engineers, sub-contractors and general contractors in all aspects of design and construction litigation, including both economic and personal injury claims. Mr. McCabe also provides litigation and non-litigation services to regional and national companies, including defending and pursuing lawsuits in the state and federal courts as well as providing various business agreements, employment contracts, consulting services and joint venture agreements. In 2010, 2011 and 2012, Mr. McCabe was named as one of the “Pennsylvania Rising Stars” as noted in Philadelphia magazine and Pennsylvania Super Lawyers® — Rising Stars Edition. Rising Stars are chosen by their peers as being among the top up-and-coming lawyers in the Commonwealth. Mr. McCabe graduated from Dickinson College in 1999 with degrees in American Studies and History. He received his J.D. degree from Duquesne University School of Law in 2002.

Jeffrey McGuire

Cipriani & Werner

Attorney with Cipriani & Werner
Mr. McGuire is a partner in the Harrisburg office of the law firm of Cipriani & Werner, P.C. Mr. McGuire represents licensed professionals and their firms across the state in licensing, malpractice, and other matters. In addition, he presents ethics courses and has lectured on other topics for several professional organizations in Pennsylvania. Mr. McGuire serves on the Professional Liability Committee of the Pennsylvania Bar Association and has been a senior hearing panel member of the Disciplinary Board of the Supreme Court of Pennsylvania. He serves as a member of the American Society of Association Executives (ASAE) Ethics Committee and provides legal and ethics advice to the Pennsylvania Institute of Certified Public Accountants (PICPA) Ethics Committee.

Bradley Sprout, Esq.

Pion, Nerone, Girman, Winslow & Smith, P.C.

Mr. Sprout is an attorney with Pion, Nerone, Girman, Winslow & Smith, P.C. In addition to his transportation and general civil litigation practice, Mr. Sprout has spent several years representing owners, contractors and design professionals in a variety of construction disputes. These include, but are not limited to, payment disputes; delay, inefficiency, and acceleration claims; design and construction defect claims; and mechanics’ lien claims. In representing these clients, Mr. Sprout has litigated cases in state and federal courts throughout Pennsylvania, as well as before arbitration panels in proceedings before the American Arbitration Association. Mr. Sprout has also represented his construction clients in all manner of business disputes, employment matters, and labor matters. Mr. Sprout is a graduate of Dickinson College and Dickinson School of Law.