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
J. Farwell

   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
S. O’Rourke, K. Zunker

   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
C. Farrar

   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

Arbitration Agreement Language
J. Grayson

   Details beneficial to the parties in the event of a claim

Supplemental or Alternate AIA Contract Documents
N. Gavrizi

   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 
G. Head

Credits

Professional Engineers
     7.0 PDHs

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

Texas Attorneys
     7.0 CLE Hours
     7.0 TBLS Hours – Construction

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. 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.

The State Bar of Texas has approved this seminar for 7.0 CLE hours for attorneys, and the Texas Board of Legal Specialization has authorized 7.0 specialization hours in Construction.

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

Cristopher Farrar

Partner with Bradley in Houston, TX
Mr. Farrar focuses his practice on drafting construction, engineering and architectural agreements, as well as service and operation-related contracts and oilfield transactions. He represents clients in a wide range of sophisticated and complex project development matters related to commercial, energy, oil and gas, power, renewable, manufacturing, chemical, pipeline, offshore, and infrastructure. Having served as in-house counsel for international engineering and construction companies, Mr. Farrar is a trusted advisor and consultant on the development of construction projects by leading clients through the development and negotiation of project documents. He has significant experience on a broad range of transactions throughout the entire project cycle – from selection of the proper delivery system through punch list completion. He has drafted and negotiated bespoke agreements, including unique contractual agreements, as well as AIA and FIDIC industry forms.

Jay Farwell

Cokinos | Young

Jay K. Farwell is a principal in the San Antonio office of Cokinos | Young and has over 25 years’ experience as a civil trial lawyer handling complex construction matters, as well as commercial, consumer, employment, insurance, and administrative cases. Mr. Farwell is board certified in construction law by the Texas Board of Legal Specialization. He represents general contractors, owners, subcontractors, material suppliers, design professionals and governmental entities in all types of construction cases including defective construction, collections, contractual disputes, delay and interference claims, design professional liability, differing site conditions, misappropriation of construction trust funds, insurance coverage, administrative, and other types of disputes. Mr. Farwell has tried many cases to juries and to the Court in both state and federal courts, and regularly represents parties in arbitration proceedings. He handles appeals in state and federal appellate courts, and he is an experienced mediator.

Nicholas Gavrizi

Cokinos | Young

Nicolas Y. Gavrizi is an associate attorney in the Austin office of Cokinos | Young. His practice is focused on construction law — representing general contractors, subcontractors, owners, and design professionals in lawsuits involving allegations of construction/design defects and other matters related to dispute management and avoidance, enforcement of lien rights, and contract negotiation/drafting. During law school, Mr. Gavrizi was president of UT Real Law (a real estate law organization), a publishing member of the Texas Environmental Law Journal, and a judicial intern for U.S. Magistrate Judge Andrew Austin.

John Grayson

Cokinos | Young

John L. Grayson is a principal in the Houston office of Cokinos | Young. He represents major contractors, including EPC contractors, subcontractors, pipeline contractors, mechanical contractors, sureties, and owners in complex construction matters in both the private and public sectors. Mr. Grayson’s experience includes jury trials, bench trials, mediations and arbitrations of all types of construction-related disputes involving projects ranging from office buildings and hospitals to massive processing plants and LNG storage facilities and energy pipelines. He has represented large and small businesses, design professionals, individuals, physicians and attorneys as well as regional and national banks both as plaintiff and defendant in state and federal courts across the country. A frequent contributor to the Construction Law Journal, Mr. Grayson’s work has also been published in the Texas Bar Journal. He has been an invited speaker at the Center for International Legal Studies in Salzburg, Austria, and he is a regular presenter at the EPC Contract and Risk Management Symposium in Houston, Texas. Mr. Grayson is a Houston Bar Foundation Fellow and maintains membership in the Construction, Litigation, Insurance and Aviation sections of the State Bar of Texas.

Gabriel Head

Cokinos | Young

Gabriel S. Head is a principal in the San Antonio office of Cokinos | Young. He is a construction lawyer engaged in providing full service representation for general contractors and subcontractors in state and federal courts, arbitration and mediation with respect to breach of contract, design defect and building defect claims, differing site conditions, delay claims, payment issues, mechanic liens and bond claims. Mr. Head also has experience drafting and negotiating complex industry documents including EPC contracts, owner/builder, design-builder, and contractor/subcontractor commercial construction contracts.

Stephanie L. O’Rourke

Principal in the San Antonio office of Cokinos | Young

Ms. O’Rourke is a member of the firm’s litigation practice group and manages the firm’s San Antonio office. Her practice focuses on the representation of owners, general contractors, subcontractors, and suppliers in construction disputes as well as insurance companies and businesses in complex disputes. Ms. O’Rourke has a wealth of experience in delay and interference claims, defective construction and general construction disputes, and she is consistently asked to present at workshops and seminars regarding her expertise on contracts, sureties and bonds. Ms. O’Rourke’s expertise in construction litigation has earned her recognition from numerous publications and organizations. She is board certified in construction law by the Texas Board of Legal Specialization and serves as the secretary for the State Bar of Texas Construction Law Section, and she is on the Board of Directors for ABC and CFMA.

Kyle Zunker

Cokinos | Young

Kyle A. Zunker is an attorney in the San Antonio office of Cokinos | Young. He focuses his practice on construction law, commercial litigation, and appellate matters. Mr. Zunker works closely with the lead litigation and lead appellate principals in the San Antonio office. He graduated magna cum laude from Southern Methodist University’s Dedman School of Law, where he received the prestigious Hutchison Scholarship.

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