Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 12:00 pm

Lunch (On your own):         12:00 – 1:00 pm

Afternoon Session:             1:00 – 5:00 pm

Construction Contract Fundamentals
P.E. Blanton

Contract terminology
• Parties, consideration, term, performance, substantial performance,
breach, remedies, damages
Understanding types of construction contracts:
• Stipulated sum
• Cost plus fee
• Design build
• Construction management
Understanding roles and relationships of project participants:
• Owners, architects/engineers, construction managers, contractors, subs and suppliers
Contract negotiation and drafting
Exploring the law of construction contract interpretation

The Primary AIA Contract Documents
R. Starnes

A101-2017 Standard Form of Agreement Between Owner and Contractor
(Stipulated Sum)
A102-2017 Standard Form of Agreement Between Owner and Contractor
(Cost Plus Fee with GMP)
B101-2017 Standard Form of Agreement Between Owner and Architect
A133-2009 Standard Form of Agreement Between Owner and Construction Manager
Where Construction Manager is also Constructor
A141-2014 Standard Form of Agreement Between Owner and Design Builder
A401-2017 Standard Form of Agreement Between Contractor and Subcontractor
C401-2017 Standard Form of Agreement Between Architect and Consultant

AIA A201: General Conditions
J. Tolbert

Overview of new updates to AIA documents
General provisions
Project participants: owner, contractor, architect, engineer, subcontractors
Changes in the work
Time, payments and completion
Protection of persons and property, insurance and bonds
Defects in and correction of work
Miscellaneous provisions
Termination, suspension, claims and disputes

Supplemental or Alternate AIA Contract Documents
W. Gardner

A105-2017 Standard Form of Agreement Between Owner and Contractor for a
Residential or Small Commercial Project
A107-2017 Standard Form of Agreement Between Owner and Contractor for a
Project of Limited Scope
B105-2017 Standard Form of Agreement Between Owner and Architect for a Residential
or Small Commercial Project
The “SP” Series for Sustainable Projects
AIA Contract Documents for Digital Practice

Case Study:
Reviewing Completed Contract Documents for a Sample Project
B. Wilson

 

Credits

Professional Engineers
     7.0 PDHs

Architects
     7.0 HSW CEPHs/CE Hours
7.0 AIA HSW Learning Units

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 PDHs to professional engineers and 7.0 HSW continuing education hours (CEPHs) to architects in all states, except Florida architects. Educators and courses are not subject to pre-approval in Texas.

The American Institute of Architects has approved this event for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York architects.

This seminar offers a non-credit continuing education opportunity to contractors. It has not been approved by any state contractor licensing entity for continuing education approval.

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

Patrick Blanton

Slates Harwell LLP

Partner at Slates Harwell LLP in Dallas
Mr. Blanton is a construction attorney who represents all participants involved in project development and dispute resolution. He has experience in negotiating contracts between owners and general contractors on large retail projects, resolving disputes during the course of construction, and litigating claims after final completion. He strives to maintain the progress of the project if at all possible and to identify risk management approaches that allocate risk to those in the best position to account for the inherent risk in each project.

William Gardner

MacDonald Devin P.C.

Shareholder at Macdonald Devin P.C. in Dallas
Mr. Gardner represents businesses, entrepreneurs, and design professionals in complex litigation, construction, and land use matters throughout Texas. His practice focuses on construction litigation, government and private contracts, the defense of professional liability claims against design professionals, and overcoming regulatory obstacles faced by owners and developers in the use of land. His construction practice encompasses all phases of the contracting process for public and private contracts, from bidding and contract negotiation throughout administration and performance, to claims and litigation. His extensive experience and success in professional liability matters has earned him inclusion on the Texas Rising Stars list for four years in a row. Mr. Gardner earned his J.D. degree from St. Mary’s School of Law after graduating from the Honors College at Baylor University.

Ryan A. Starnes

Partner at Libby Sparks Willis Starnes PLLC in Dallas

Mr. Starnes represents clients in a broad range of litigation matters, and has significant experience in construction law, commercial litigation, and intellectual property disputes. He enjoys providing effective counsel to clients and takes pride in being quick to respond to client inquiries. His litigation and courtroom experience have helped him develop a unique skill set in counseling clients in construction contracts, trademark filings, entity formations, employment agreements, and other transactional matters. His primary objective in any matter is to efficiently solve his client’s problems. Mr. Starnes was named a Top Attorney under 40, by D Magazine 2018 and 2019; and a Rising Star in Texas Super Lawyers (2015 – 2018). He has written and lectured extensively on copyright law in the context of design professionals such as architects and engineers, as well as risk management and ethics issues in the construction industry.

Joe D. Tolbert

Joe D. Tolbert is Director at Brackett & Ellis, P.C., in Fort Worth, Texas.
Mr. Tolbert has represented businesses and individuals for more than 32 years. He counsels clients on various business issues and has an active trial practice in commercial litigation and construction law. In addition, Mr. Tolbert is board certified in Construction Law by the Texas Board of Legal Specialization, a mark of excellence and a distinguishing accomplishment achieved by fewer than 150 practicing attorneys in Texas. Board-certified attorneys in Construction Law are specialists in transactions and relationships among contractors, subcontractors, suppliers, owners, architects, engineers, governmental entities, insurers, sureties and lenders regarding public and private development, design, and construction projects. 

Bo Wilson

Ferguson Braswell Fraser Kubasta PC

Attorney with Ferguson Braswell Fraser Kubasta PC in Plano
Mr. Wilson practices civil litigation and represents clients across a broad field of industries. He has extensive experience handling disputes relating to complex commercial transactions, construction law, real estate development, and oil and gas. He works closely with his clients to achieve their goals and provides counseling on contract negotiations, corporate regulations, entity formations, collection practices, and business dispute resolution. With a passion for community service, Mr. Wilson also hosts legal clinics for multiple veterans organizations in the Dallas area, serves as a certified attorney ad litem in the Dallas County Probate and Family Courts, and volunteers with Community Partners of Dallas.