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

Understanding Construction Contract Essentials 
S. Nudelman

    Examining contract terminology: Parties, consideration, term, performance,
      substantial performance, breach, remedies, damages
   Studying roles and relationships of project participants: Owners, architects/engineers,
      construction managers, contractors, subs and suppliers
   Understanding the project delivery system: Traditional design-bid-build, design-build,
      construction manager at risk, multiple prime contractor, owner control
   Understanding types of construction contracts: lump sum, cost plus,
      time and materials, unit pricing
   Exploring the law of construction contract interpretation

Examining Legal Issues and Contract Disputes 
S. Nudelman

   Changed conditions
   Project documentation
   Delays, acceleration
   Handling payment claims and final payments
   Resolving disputes through mediation, arbitration, litigation
   Understanding contractual and statutory warranties

Understanding Issues in Contract Administration 
T. Bakal

   Insurance and indemnity issues
   Chain of command issues
   Subcontracts
   Changes and change orders
   Payments
   Substantial and final completion
   Breach and pitfalls

Comparing Standardized Construction Documents 
W. Jackowski

   Use of standard forms v. custom contract documents “
   American Institute of Architects (AIA)
   ConsensusDocs
   Engineers Joint Contract Documents Committee (EJCDC)
   Agreement: How to navigate important contract provisions from
      architect/engineer’s perspective

Reviewing Project Documents 
W. Jackowski

   Consultant’s Agreement
   Insurance considerations for a design professional
   Contract conditions (general and supplementary)
   Specifications (Format, CSI 1995 and 2004)
   Shop drawings
   Contract modifications (change orders, directives, etc.)

Reviewing Bidding Documents 
S. Berkowitz

   Invitation
   Bid form
   Instructions
   Bid bond
   Information
   Addenda

Credits

Professional Engineers
     7.0 CPC Credits/PDHs

Architects
     7.0 HSW Continuing Ed. 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 up to 7.0 CPC credits/PDHs to professional engineers and 7.0 HSW continuing education hours to architects in all states, except Florida architects. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700).

This event has been approved by the American Institute of Architects for 7.0 Learning Units (Sponsor No. J885). Courses approved by the AIA qualify for New Jersey architects. 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 in any state that has a contractor continuing education requirement.

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

Todd Bakal

Law Offices of Todd Bakal

Law Offices of Todd Bakal, White Plains
Mr. Bakal has helped people with their business and personal legal needs for more than 20 years. During that time, he has focused his practice in the areas of construction, environmental, and general commercial litigation as well as insurance coverage disputes. Outside of the courtroom, Mr. Bakal helps individuals and business owners with real estate, business formation and succession, regulatory work, and trust and estate planning and administration issues. He is a graduate of the University of Michigan, where he double-majored in Philosophy and Computer Science. Mr. Bakal then attended George Washington University Law School. Prior to practicing law, he founded RBI Software, Inc. which specialized in the development of commercial vertical market applications. Mr. Bakal is a member of the New York State Bar Association, the New Jersey State Bar Association, the Westchester County Bar Association, and the New York City Bar Association. He is admitted to the New York and New Jersey bars.

Steve Berkowitz

Berkowitz & Associates, P.C.

Berkowitz & Associates, P.C.
 Mr. Berkowitz is listed in Martindale-Hubbell’s AV Ratings register of Preeminent Lawyers. The Martindale-Hubbell AV Register is limited to only the most distinguished lawyers. This rating signifies the highest level of legal ability and very high adherences to professional standards of conduct, ethics, reliability and diligence. Mr. Berkowitz is also an arbitrator appointed to the prestigious American Arbitration Association panel of neutrals. He graduated from University of Maryland, College of Engineering, with a bachelor of science degree in Mechanical Engineering. Immediately after graduating, he began working with a Fortune two hundred company, engineering, designing, estimating and selling facility management systems. The clients were, for the most part, contractors, engineers and owners. This gives Mr. Berkowitz a unique perspective when applying legal principles to construction issues.

Wojciech “Voytek” Jackowski

Principal, Commercial Litigation Practice Group Chair, Offit Kurman P.A., New York, NY

Mr. Jackowski, is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational or cost-effective business solutions. His diverse practice includes international facets of litigation and dispute resolution, and criminal and civil facets of various international income reporting obligations. He has represented entities and individuals in cases involving trade and contract disputes, property loss claims, bankruptcy proceedings, construction issues, commodities and derivatives matters, white-collar crime, personal injury, and claims raising questions under federal labor law. Before joining Offit Kurman, Mr. Jackowski was a partner in the New York law firm of Menaker & Herrmann LLP. He began his career as a prosecutor and later became a Senior Assistant District Attorney with the Brooklyn District Attorney’s Office. He was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, corporate and individual income, and sales tax evasion. Mr. Jackowski frequently lectures and publishes articles on construction law and litigation topics. He is active in numerous bar and industry associations, including the Construction Law Committee of the New York Building Congress, Building Owners Management Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is a member of the Construction Law Committee at the New York City Bar Association.

Steven Nudelman

Partner, Greenbaum, Rowe, Smith & Davis, LLP

Mr. Nudelman concentrates his practice in construction law. For over two decades he has represented members of the construction industry across a broad spectrum of matters. He has defended and asserted claims on behalf of owners, developers, condominium associations, general contractors, design professionals, subcontractors, vendors and sureties involved in public and private construction projects throughout the New Jersey and New York metropolitan area. More specifically, Mr. Nudelman has extensive experience handling claims related to payment disputes, construction, design and performance defects, errors and omissions/professional malpractice, code violations, delay and disruption, liens, bonds, public contracting and violations under the New Jersey Consumer Fraud Act. He also maintains an active transactional practice, drafting, reviewing and negotiating construction contracts for his clients with an emphasis on efficiency and practical results.

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