Preventing and Addressing Construction Defects and Failures 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- 4:30 pm
Distinguishing between Construction Defects and Failures
A. Di Gioia
Defining defects
— Causes of defects: problems with design, materials and/or construction
Defining failures
— Causes of failures: deterioration, unintended use, “Acts of God”
Analyzing Defects and Failures for Methodology and Causality
M. Shanok
The three phases of a building’s life – breaking in, broken in, and breaking down
Site conditions and vulnerabilities
Building design and construction
Defects and failures in mechanical and electrical systems
The Impact of Design, Supervision, and Inspection on Safety During Construction
M. Shanok
Worker safety during construction
Occupant safety once the facility is occupied
Practices that Prevent Defects and Failures
M. Shanok
Involving the owner in reviewing proposed use and preparing construction documents
Complying with building codes standards and practices
Choosing materials and construction techniques
Dealing with sales reps
Employing new materials and construction techniques
Monitoring construction
Discovering and correcting problems before project completion
Educating the owner – building commissioning, operation and maintenance
Preventing and Resolving Disputes Generated by Defects and Failures
R. Garcia
Identifying parties with potential liability
Understanding theories of liability
Identifying defenses to liability
— Timeliness, contractual defenses, crossclaims and counterclaims
Participating in conflict resolution procedures
— Mediation, arbitration, litigation
Reviewing types of damages and how they are calculated
Insurance coverage issues
Credits
Professional Engineers
6.5 Continuing Ed. Hours
Architects
6.5 HSW Continuing Ed. Hours
6.5 AIA HSW Learning Units
Contractors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 continuing education hours to professional engineers and 6.5 HSW continuing education hours to architects in all states, except Florida architects. Continuing education is not mandatory in Connecticut.
HalfMoon Education is deemed an approved continuing education sponsor for New York architects. HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana, Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.
This seminar is approved by the American Institute of Architectsfor 6.5 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.
This course offers a non-credit continuing education opportunity to contractors. It has not been approved by any state contractor licensing entity for required continuing education credit.
Attendance will be monitored, and attendance certificateswill be available after the seminar for most individuals whocomplete the entire event. Attendance certificates not availableat the seminar will be mailed to participants within fifteen business days.
Speakers
Anita Di
Di Gioia BergerDi Gioia Berger
Ms. Di Gioia focuses her practice on complex civil litigation and in particular within the construction industry, she represents owners, designers and contractors in all stages of their construction projects. She has experience negotiating and drafting construction contracts for all participants in the construction industry and also counsels her clients regarding effective risk management and insurance coverage. Ms. Di Gioia also handles construction claim resolution, whether through alternative dispute resolution or litigation. Ms. Di Gioia is a member of the Connecticut Bar Association and the New Haven County Inn of Court. She is admitted to practice in Connecticut, Louisiana and New York. She obtained her under graduate degree, magna cum laude, from Siena College, and her law degree, magna cum laude, from the Tulane University School of Law.
Raymond Garcia
Garcia & MilasPrincipal of Garcia & Milas in New Haven, CTMr. Garcia is the founding principal of the firm. Since 2006 he has enjoyed the distinction of being named to the Connecticut Super Lawyers® list for Construction Litigation. He combines10 years of hands-on construction industry experience with more than 32 years of legal experience litigating complex commercial construction and franchise disputes. Mr. Garciahas tried 50 construction cases to conclusion before courts and juries. He has tried to conclusion over 30 franchise cases. He has conducted successful appeals before state and federal appellate courts. The cases span a wide range of subjects from public works contract claims for additional compensation to claims based on Connecticut unfair trade practices, including franchise and bad faith litigation, based on common law and statutory principles. The trials have been conducted before arbitration panels, juries or to the court sitting without a jury. Mr. Garcia attended John Marshall Law School in Chicago, Illinois. He served as an editor of the John Marshall Journal of Practice and Procedure, the school’s law review, for two years. In 1979, returning from Chicago to Connecticut, he joined Pullman, Comley, Bradley and Reeves in Bridgeport, Connecticut, as an associate. In 1981 he formed Garcia and Associates, P.C., forerunner of Garcia and Milas, P.C.
Michael Shanok
Forensic EngineeringPrincipal of Forensic Engineering in Cheshire, CTMr. Shanok is an electrical, mechanical and structural engineer. He is registered as a professional engineer in Connecticut and Massachusetts and has held temporary permits to practice engineering in more than half the states of the Union and three foreign countries. He graduated from the US Naval Academy in 1960 and after serving on active duty, gained experience, first as an employee and then as the principal of a design firm, in the operation, design, construction supervision and startup of more than 30 industrial facilities. He reorganized his business in 1982, to specialize in forensic engineering. Among catastrophes his firm has been engaged to investigate were the Derby River Restaurant explosion and fire in December 1985 and the L’Ambiance Plaza construction collapse in April 1987. Over the years, his firm has served more than 2,200 clients, including insurance companies, both plaintiff and defense law firms, and industrial companies.