Agenda

Registration:                    7:30 – 8:00 am

Morning Session:             8:00 am – 12:15 pm

Lunch (On your own):       12:15 – 1:15 pm

Afternoon Session:           1:15 – 5:30 pm

Construction Contracting in Traditional and             C. Martin
Alternative Project Delivery Systems

   Legal rights/duties of construction entities: contractors,
      design services firms, subcontractors and suppliers

   Design-bid-build: entering into construction contracts and
      agreements in the traditional construction process

   Design-build: entering into contracts and agreements

      • Contractor-led, designer-led, joint venture, and developer-led projects

Accurate and Effective Construction Contracting          M. Moore

   Understanding contract terminology

   Forming contracts

   Understanding contract obligations

   The law governing construction contracts:
      the Uniform Commercial Code (UCC) and applicable state laws

   Subcontract formation and administration

   Performance and payment issues

   Breach of contract and default

Making Changes and Resolving Disputes          S. Quadros

   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

   Resolving disputes during the construction process

      • Site conditions

      • Delays

      • Disruption

      • Accidents

      • Acceleration

Handling Ethical Issues in Construction          C. Boyd

   Avoiding ethical issues during the bidding process

   Gifts, favors and the appearance of impropriety

   Your duties to your employer, the project owner, and other project participants

   Adopting practices that minimize ethics issues

Insurance and Bonding Issues in Construction          J. Townsley

   Types of construction bonds

      • Performance

      • Payment

      • Alternatives to bonds

   Types of insurance

      • Commercial general liability insurance

      • Builder’s risk insurance

      • Errors and omissions insurance

      • Additional/alternative insurance

   Claims and notice issues

Accessibility Review and Update          A. Huszka

   What standards and codes apply, and when?

   Legal Impact of Accessibility

      • Federal, State, and local

      • Administrative Rules and Enforcement

   Common violations and how to prevent them

Credits

Architects
     8.0 HSW CEPHs/Contact Hours (1.0 Accessibility Hour)
     8.0 AIA HSW Learning Units

Professional Engineers
     8.0 PDHs (1.0 Ethics Hour)

Contractors
     Non-Mandatory Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers 8.0 HSW continuing education hours, including 1.0 accessibility hour, to Texas architects and 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval in Texas.

The American Institute of Architects has approved this event for 8.0 HSW Learning Units (Sponsor No. J885).

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

This seminar offers contractors a continuing education opportunity, but it has not been submitted to 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 15 business days.

Speakers

Christa Boyd

Cromeens Law Firm PLLC

Associate at The Cromeens Law Firm, PLLCMs. Boyd is an attorney at The Cromeens Law Firm, where she focuses on construction law, contract law, and general litigation. Prior to joining the Cromeens Law Firm, she practiced labor and employment law with two Texas firms and a New York law firm. Ms. Boyd is experienced in a broad range of employment matters, including handling discrimination claims before the EEOC and in Federal Court. She is also experienced in covenants not to compete, Sarbanes-Oxley Whistleblower litigation, and unemployment appeals.Ms. Boyd is licensed to practice in New York, New Jersey, and Texas, including all Federal District Courts in Texas. She attended law school on full-merit scholarship and graduated in the top 10 percent of her class.

Atilla Huszka

Statereview

Principal at Statereview
Mr. Huszka has been responsible for expert witness consultation, construction document review, and assessment and inspection of buildings and facilities for compliance with the Americans with Disabilities Act, the Fair Housing Act, the Texas Architectural Barriers Act, and related federal and state codes for thousands of projects that include locations in over 40 US states. Some of his clients have included the Mississippi Bureau of Buildings, Grounds and Real Property Management; the Corpus Christi Regional Transportation Authority; the Houston Independent School District; Reliant Center (NRG Stadium); Hilton; and Macy’s, Inc.

Curtis Martin

Peckar & Abramson, P.C.

Managing Partner, Peckar & Abramson, P.C.Mr. Martin represents contractors and owners on large construction projects. He advises clients on all facets of the construction process. He prepares contract documents, counsels on risk management and business and legal issues that arise during projects, and resolves disputes. Mr. Martin has been in the construction industry since 1979, both as a lawyer and as an industry executive. His experience includes service as president and chief operating officer of an ENR-400 construction company. Mr. Martin stays at the forefront of industry trends, including new technologies such as building information modeling (BIM), which are changing the way construction is performed. He has taught six courses of the AGC’s BIM Module 3 (BIM Contract Negotiation and Risk Allocation). Mr. Martin has taught construction law at the university level and has trained industry professionals throughout the United States as well as abroad.

Matt Moore

Coats Rose

Mr. Moore is a director in the Construction/Surety and Litigation sections at Coats Rose. His law practice focuses on construction litigation and alternative dispute resolution. He represents owners, developers, general contractors, subcontractors and suppliers on a wide variety of construction-related issues, including breach of contract, breach of warranty, mechanic’s liens, contractual and statutory indemnity, payment and performance bonds, collections, fraud, extra work, construction defects, contract termination, differing site conditions, bid protests, bid mistakes, delay and disruption claims, in both the public and private sectors. Mr. Moore also regularly drafts and reviews contract documents. He joined Coats Rose in 2013 and has been selected to the 2012, 2013, 2014 & 2015 Texas Super Lawyers and Rising Stars lists in the area of construction litigation. He received his law degree from Texas Tech University.

Shannon Quadros

Chmaberlain, Hrdlicka, White, Williams & Aughtry

Kilmer Crosby & Walker, HoustonMr. Quadros is a shareholder in the Houston office of Kilmer Crosby & Walker PLLC. He is a trial attorney focusing on construction, trade secret, and real estate litigation. Mr. Quadros has an M.S. degree in Electrical Engineering and extensive business experience in real estate transactions and development. He has worked with owners, developers, landlords and tenants in all areas of real estate acquisition, financing, development, leasing and sales. Mr. Quadros also serves as a mediator and arbitrator in the Houston area.

Janet Townsley

Cromeens Law Firm PLLC

Associate at The Cromeens Law Firm, PLLCMs. Townsley is a highly-experienced attorney in commercial, construction, general business, litigation, and insurance law, with 18 years law firm experience. She joined the Cromeens Law Firm after running her own private practice, where she practiced plaintiff personal injury and insurance coverage law. Previously, she was special counsel with Hailey, McNamara, Hall, Larmann & Papale LLP, where she practiced in the areas of insurance defense, insurance coverage and commercial Litigation. Prior to joining Hailey Mcnamara in 2012, Ms. Townsley served as general counsel and director of risk management for Satterfield & Pontikes Construction Inc., a major general contractor in the Gulf Coast Region. Her current practice consists primarily of construction, insurance coverage, and general business matters. She achieved her Bachelors degree from Texas Women’s University in Denton, Texas and her Doctorate of Jurisprudence degree from University of Houston College of Law.