Managing Engineering Liability and Risk Seminar
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 – 4:00 pm
Managing Risk in the Practice of Engineering
A. West
Identifying engineering risks
Reviewing consequences of potential risks
Understanding principles of risk management
Complying with professional and ethical standards
Identifying strategies to minimize engineering risk and maximize positive results
Law of Engineering Malpractice
S. Agnew
Reviewing the grounds for professional liability claims
Identifying who can bring a claim
Examining common sources of professional liability claims
Reviewing defenses to liability claims
Determining damages
Participating in dispute resolution: arbitration,mediation, litigation
Obtaining insurance coverage for professional liability claims
Managing Risk with General Liability and Professional
Liability Insurance Coverage
S. Agnew
Coverage provided by general liability vs. professional liability policies
Certificates of insurance and additional insureds
Indemnities
Assignment
Insurance availability
Insurance policies
Warranties, guarantees and certifications
Recognizing and responding to design professional claims
Understanding How Contracts Can Shift,
Reduce (or Increase) Risk
S. Pharr
An overview of contract law and key concepts
Understanding contract formation and revision
Recognizing liability exposure under contract
Reviewing standard contract provisions and understanding their impact on risk
• Guarantees, warranties and indemnities
Understanding consequences for delay, disruption, nonperformance,
inadequate performance
Using contract terms to manage risk
Reducing Risk for Yourself, Your Company and Your Clients
H.A. Bolick II
Negotiating fair and understandable contract terms
Maintaining adequate documentation
Implementing document retention policies and procedures
Utilizing forms and standard documents
Communicating with clients and other parties
Implementing quality control practices
Using alternative dispute resolution procedures
Credits
This seminar offers 6.0 PDHs to
North Carolina professional engineers.
Continuing Education Credit Information
This seminar is open to the public and offers 6.0 PDHs to professional engineers in most states, including North Carolina. HalfMoon Education is an approved continuing education provider in North Carolina (Sponsor ID: S-0130).
Professional engineers 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.
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
Stephen Agnew
Insurance Management Consultants, Inc.Insurance Management Consultants, Inc.
Mr. Agnew is a native of Charlotte who comes from a family of engineers and who’s father is still practicing today. He received his B.S.B.A degree in Finance/Risk Management & Insurance with a minor in Economics from the University of North Carolina at Charlotte. In 2002, he also studied International Business at the University of Copenhagen in Denmark. He is a licensed property & liability insurance agent and is currently working on his Certified Risk Management and Register Professional Liability Underwriter designations. In his free time he enjoys reading, intramural sports and fishing.
H. Bolick
Brooks PierceBrooks Pierce
Mr. Bolick represents and advises owners, lenders, developers, design professionals, construction managers, general contractors and subcontractors in drafting and negotiating contracts for all types of commercial and institutional projects. Mr. Bolick is equally comfortable helping a small contractor perfect its agreements as he is representing owners, developers and lenders in multi-million dollar construction projects. Over the last decade, he has negotiated nearly a billion dollars in construction and design contracts, from small commercial buildings and apartment complexes, to larger office buildings and public high schools where eight figure budgets are common. Mr. Bolick has been selected by his peers for inclusion in The Best Lawyers in America for construction law (2012-2016).
Steve Pharr
Pharr Law, PLLCPharr Law, PLLC
Mr. Pharr was admitted to the North Carolina bar in 1985, following his graduation from the University Of Virginia School Of Law. He was admitted to the South Carolina Bar in 2008. Mr. Pharr has also been admitted to the U.S. District Court for the Eastern, Middle, and Western Districts of North Carolina, the U.S. District Court for the District of South Carolina, the U.S. Court of Appeals for the First and Fourth Circuits and the U.S. Supreme Court. After 15 years in the litigation section of Kilpatrick Stockton, Mr. Pharr founded the firm of Pharr Law, PLLC, in January 2000. He handles general commercial litigation, construction law, real estate litigation, professional liability and products liability. Mr. Pharr is also a certified superior court mediator.
Allen West
Allen West, Attorney – Hamilton Stephens Steele & Martin, PLLC
Mr. West is licensed to practice law in both North Carolina and South Carolina, and he practices primarily in the areas of construction, business litigation, real estate litigation, and bankruptcy. He regularly negotiates and drafts contracts for construction industry clients and provides practical counsel regarding risk assessment and claims avoidance. Mr. West also has substantial experience representing borrowers and guarantors in loan workouts and foreclosures, including the negotiation of loan modifications and forbearance agreements. Before joining HSSM, Mr. West was with the firm Kilpatrick Stockton. Prior to law school, Mr. West worked as a television reporter covering politics and government for WIS News in Columbia, South Carolina, and prior to that served in the U.S. Marine Corps as a noncommissioned officer. Mr. West also has experience as a senior executive for a leading lighting manufacturing company located in Charleston, South Carolina. Mr. West is a frequent lecturer on various construction related topics including lien law, construction contracts, claims avoidance and public contracting issues, and he has been invited to speak to the UNCC School of Architecture, North Carolina Bar Construction Section, AIA, and design professionals. Mr. West was selected by fellow bar members for inclusion in Business North Carolina Magazine’s Legal Elite in construction law.