Agenda

Registration:                        8:00 – 8:30 am

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

Lunch (On your own):         12:30 – 1:30 pm

Afternoon Session:             1:30 – 5:00 pm

Construction Contract Fundamentals 
J. Nix

   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 
T. Toler

    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)
   A401 – 2017 Standard Form of Agreement Between Contractor and Subcontractor

Agreements Between Owner and Architect,  
Design Builder, and Construction Manager 
T. Pruiett

   B101 – 2017 Standard Form of Agreement Between Owner and Architect
   A141 – 2014 Standard Form of Agreement Between Owner and Design Builder
   A133-2009 Standard Form of Agreement Between Owner and Construction Manager 
      Where Construction Manager is also Constructor
   C401 – 2017 Standard Form of Agreement Between Architect and Consultant

AIA A201: General Conditions 
T. Toler

   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 
M. Cobb

   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
E. Hurst


Credits

Professional Engineers
     7.0 PDHs

Architects
     7.0 Public Protection PDUs
     7.0 AIA Learning Units

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 PDHs to Georgia professional engineers and 7.0 Public Protection PDUs to Georgia architects. Educators and courses are not subject to preapproval in Georgia.

This seminar is approved by the American Institute of Architects for 7.0 HSW Learning Units (Provider No. J885). Only full attendance can be reported to the AIA/CES.

Architects and engineers seeking continuing education credit in other states will be able to apply the hours earned at this seminar. 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. HalfMoon Education is an approved continuing education provider for Florida architects and is deemed an approved architect continuing education sponsor in New York.

This course offers a non-credit continuing education opportunity to construction contractors. It has not been approved by any contractor licensing board for mandatory continuing education.

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

Mark Cobb

Cobb Law Group

Founding Partner, Cobb Law Group
 For over 20 years, Mr. Cobb has concentrated his practice primarily in the area of subcontractor and construction law and small business law including such diverse areas as business entity formation, contract drafting and interpretation, AIA document review, construction liens, payment bond claims, and Miller Act litigation. Mr. Cobb has represented many international, national and regional firms while also serving on numerous private and non-profit boards. He is currently working on a book on subcontractor law to be published by the ABA, and he serves as adjunct faculty in the Thomas University MBA program.

Eric Hurst

Hurst + Sawyer LLC

Member and cofounder of Hurst + Sawyer LLC
Mr. Hurst’s law practice is focused on providing excellent legal advice to contractors, subcontractors, engineers, architects, and owners regarding the resolution of construction disputes and the negotiation and drafting of construction contracts. Prior to entering the practice of law, he spent 16 years with Hurst Construction Co., Inc., in Murfreesboro, Tennessee, where his primary duty was to estimate and bid excavation, paving, and utility projects for commercial and governmental owners and contractors. His extensive estimating experience gives him a unique perspective in resolving disputes and negotiating contracts. Mr. Hurst uses this unique perspective to help his clients identify the best path forward in disputes and contract negotiations.

Jeffrey Nix

Taylor English Duma LLP

Taylor English Duma LLP
Jeffrey J. Nix’s legal practice focuses entirely on construction law representing stakeholders involved in every facet of the industry. He frequently advises clients regarding the selection of project delivery methods, the drafting and negotiation of design and construction contracts, and the creation of ancillary documents required to kick start construction. He counsels clients redarging ongoing issues, such as contract administration, health and safety, environmental issues, claims management and dispute avoidance. Mr. Nix guides clients through warranty issues, design and construction defects, payment problems and all forms of dispute resolution. Mr. Nix’s clients span all sectors of the construction industry, ranging from small closely-held businesses which construct high-end residential housing to Fortune 100 companies constructing power plants or manufacturing facilities. Mr. Nix is also very active throughout the pro bono community. He is especially passionate about drafting wills and other estate documents as well as teaching others to draft estate documents for individuals battling serious health issues (cancer, ALS, MS, AIDS) and those serving our communities (military, fire, police). Mr. Nix teaches classes on construction law, including classes at the Georgia Institute of Technology, and he frequently lectures and writes on topics of current interest to the construction industry.

Tracey Pruiett

Smith, Currie & Hancock LLP

Smith, Currie & Hancock LLP
Tracey Pruiett is Of Counsel in the Atlanta office of Smith Currie. She practices in the areas of construction law, civil litigation, and government contracts. She has considerable litigation experience, including sitting first chair in numerous jury trials. She began her legal career in insurance defense, where she gained litigation experience in construction defect cases, commercial disputes, premises liability, motor vehicle carrier liability, and professional negligence matters. She also spent several years as a consultant and then as assistant director for a government contractor that provided management consulting services to the Department of Defense. Her experience as a government contractor and in managing government contracts gives her helpful insight to the legal issues faced by companies seeking to contract with the government. Ms. Pruiett earned her law degree cum laude from the University of Georgia School of Law. Ms. Pruiett also holds a degree in Finance from Auburn University.

Timothy Toler

The Toler Firm, LLC

The Toler Firm, LLC
Tim Toler has been litigating and arbitrating construction and business disputes for 35 years, concentrating in construction disputes since 1988. He has represented owners, architects, engineers, sureties, general and specialty contractors, and heavy equipment suppliers on troubled projects throughout the U.S. Mr. Toler was selected for inclusion in The Best Lawyers in America in the field of construction law for 2013-2018, is a Charter Fellow of the Construction Lawyers Society of America and has been recognized as a Georgia “Super Lawyer” in the category of construction law every year since 2007 and has received an “AV” rating from Martindale-Hubbell every year since 1993. He has extensive experience litigating and arbitrating multi-million dollar disputes arising out of engineering and heavy equipment supply to power plants in the U.S. and abroad, including serving as U.S. trial counsel for German companies and their U.S. affiliates, on numerous EPC projects from 1997 to 2007. Mr. Toler served as lead counsel in litigating, arbitrating or mediating major contract claims on power generation facilities in Arizona, California, Massachusetts, Texas and Malaysia. He attended the University of Georgia where he graduated, magna cum laude, in the Honors Program with a B.A. degree in History in 1980. Mr. Toler graduated from the University of Georgia School of Law in 1983, where he served as Chief Justice of the Honor Court and on the Moot Court Board.