Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 – 11:45 am

Lunch (On your own):         11:45 am – 12:45 pm

Afternoon Session:             12:45 – 4:30 pm

Facilitating the Project with 
Effective Construction Contacting
J. Hays, P. Estill

    Understanding the legal rights/duties of project participants: owners, 
      contractors, design services firms, subcontractors and suppliers
   Understanding your project delivery system: design-bid-build, design-build, 
      construction manager, construction manager-at-risk
   Using standard or custom contract documents: AIA, ConsensusDocs, others
   Understanding key contract concepts and terms: performance, breach, 
      warranties, guarantees, indemnity, damages
   Modifying contracts and selecting dispute resolution mechanisms

Protecting the Project with Bonds and Insurance 
M. Miller

   Obtaining construction bonds
      • Performance 
      • Payment
      • Alternatives to bonds
   Obtaining insurance
      • Commercial general liability insurance
      • Builder’s risk insurance 
      • Errors and omissions insurance
      • Additional/alternative insurance
   Claims and notice issues

Making Changes and Resolving Disputes    
During the Construction Process
S. Smith

   Making changes to the contract and contracted work
      • The contract change clause
      • Types of changes: ordered and constructive changes
      • Requirements for making changes
      • Liability issues
   Solving problems during the construction process
       • Site conditions 
      • Delays
      • Disruption 
      • Acceleration
      • Accidents

Understanding Statutory and Contractual Duties of Design  
Professionals and Contractors in Green Construction
M. George, A. Klein

   General scope of duty
   Public buildings
   Contractual duties under AIA contract documents
   Duties on LEED projects

Participating in the Bidding Process 
C. McCloud

   Understanding competitive bidding requirements
   Reviewing bid package
   Prequalification of bidders, bid bonding

Credits

Engineers
6.5 PDHs

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 PDHs to engineers and 6.5 HSW continuing education hours to architects in Kentucky. Educators and courses are not subject to preapproval in Kentucky.

This event is approved by the American Institute of Architects Continuing Education System for 6.5 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.

Engineers and architects seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.

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

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 F. Estill

Jackson Kelly PLLC
Mr. Estill focuses his practice on construction and business law. He has a wide array of experience in construction transactions, drafting and negotiating contracts and other project-related documents for owners, contractors, and consultants and routinely advising on risk-allocation in projects. He also has extensive experience in procurement matters, including under Kentucky’s public-private partnership laws. Additionally, Mr. Estill has extensive experience in business litigation and commercial law matters. Mr. Estill uses his multidisciplinary experience to better serve clients’ interests and solve legal problems in the most efficient way possible. He particularly enjoys drawing on his litigation experience to draft better contracts and guard against risk for construction and other business clients. He also enjoys learning a client’s business so that he can deliver valued advice that truly reflects and
furthers his clients’ goals.

Megan George

Stites & Harbison, PLLC

Megan K. George is a member of the Construction Service Group at Stites & Harbison, PLLC. She counsels clients on construction matters and routinely drafts, negotiates and reviews contracts for clients. Before joining the firm, she was an attorney with a firm in Lexington, was an Assistant Attorney General with the Kentucky Attorney General’s Office of Criminal Appeals in Frankfort, (2016-17) and was also a staff attorney for Judge Laurance VanMeter, Kentucky Court of Appeals in Lexington, (2013-16).

John W. Hays

Jackson Kelly PLLC
John W. Hays is a Member in the Lexington, Kentucky office of Jackson Kelly PLLC.  Mr. Hays’ practice is primarily focused on construction litigation, contracts, and commercial litigation.  He also has extensive training and experience as a mediator in construction, commercial, employment and personal injury disputes.  He is a member of the National Academy of Distinguished Neutrals and is arbitrator and mediator on the Commercial Arbitration Panel for the American Arbitration Association.  He is a frequent author and lecturer on topics related to construction and alternative dispute resolution.

Mr. Hays is admitted to practice before the United States Court of Appeals for the Sixth Circuit and all state and federal courts within the Commonwealth of Kentucky.  He is a member of the Fayette, Kentucky and American Bar Associations and is active in the ABA Forum for the Construction Industry and KBA Section on Construction and Public Contract Law.  Mr. Hays is also a member of the ADR Section of the KBA, is a past chair of the Mediation Center of Kentucky and is a past president of the Mediation Association of Kentucky.

Mr. Hays received his undergraduate degree from Princeton University in 1985 and his Juris Doctor, with distinction, from the University of Kentucky in 1988.  He was a member of the Kentucky Law Journal and graduated Order of the Coif. Mr. Hays has an AV Preeminent rating by Martindale-Hubbell and has been named Kentucky Super Lawyers® list since 2009 and in Woodward/White’s The Best Lawyers in America® in the practice area of Construction Law since 2013.  He was named Best Lawyers’ 2021, 2018, and 2016 “Lawyer of the Year” in Lexington for Construction Law.

Aaron Klein

Aaron R. Klein is an attorney with Stites & Harbison, PLLC’s Louisville office and is a member of the Construction Service Group. His practice focuses on advising clients on all types of construction related matters. He provides construction clients with experience in both transactional and litigation practice. Prior to joininlso serveStites & Harbison, Mr. Klein was an attorney with a regional litigation firm based in Louisville. Prior to that, he was an attorney with a regional litigation firm based in Nashville, Tennessee. He also serves in an advisory role to a nonprofit board dedicated to the Louisville addiction services community. Mr. Klein is also involved in his church community. Outside of work, he enjoys all types of sports. You may also find him on a variety of “CraneWatch” websites checking up on the latest projects in both Louisville and Nashville.

Craig McCloud

McCloud Law Group

Craig L. McCloud is an attorney with McCloud Law Group, with offices in Lexington and Columbia. McCloud Law Group represents a diverse clientele of individuals and business owners in Kentucky. With a proactive approach and commitment to developing creative solutions, the firm assists clients with a wide array of business and employment law matters.

Mason Miller

Miller Edwards Rambicure PLLC

Managing Partner, Miller Edwards Rambicure PLLC, Attorneys at Law
Mr. Miller focuses his practice on business law, both transactional and litigation, and has extensive experience in construction, minerals, banking, and other commercial matters. His clients include construction companies, developers, municipalities, private equity funds, energy companies, regional and national banks, professional athletes and other large institutions. Mr. Miller has personally represented over a dozen publicly-traded companies in a wide variety of engagements.

Stephen Smith

Goldberg Simpson, LLP

Stephen E. Smith’s primary areas of practice are construction, public acquisition, and corporate law. Before joining Goldberg Simpson, LLP in 1989, Mr. Smith served the public sector with the United States Army Corps of Engineers for 15 years, serving as a district counsel and as senior legal advisor to the commander. Mr. Smith represents all participants in construction projects, including public and private owners, large general contractors and construction managers, and specialty subcontractors. He is a member of both the American Arbitration Association Panel of Construction Arbitrators and the Panel of Construction Mediators. Mr. Smith is approved as a mediator and arbitrator for all disputes arising under the Greater Louisville Association of Realtors. He has been selected by members of the Louisville Bar as a Louisville Magazine “Top Lawyer” in the areas of “Construction,” “Arbitration and Mediation-Non-Family” for the last four years. He has been selected as a Kentucky “Super Lawyer” annually since 2007. Mr. Smith was selected to The Best Lawyers in America in 2015 and 2016. He earned both his Bachelor of Arts and his law degree from the University of Louisville. He is a frequent lecturer and instructor in the areas of federal acquisition and construction claims administration. Mr. Smith is a member of the Federal, Kentucky, and Louisville Bar Associations and the ABA Forum on The Construction Industry. He is a founding member of the Kentucky Bar Association Construction Practice Section.

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