Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:15 pm

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

Afternoon Session:           1:15 – 5:00 pm

Applying Risk Management Principles to the Practice of Engineering          S. Jones

   Identifying engineering risks

   Reviewing consequences of potential risks

   Understanding principles of risk management

   Implementing strategies to minimize engineering risk and maximize positive results

Understanding How Contracts Can Reduce (or Increase) Risk          P. Hoffman

   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

Adopting Strategies to Minimize Professional Liability Risk          D. Trevey

   Understanding causes of professional liability claims

   Parties who can bring a claim for professional negligence

   Understanding the standard of care

   Understanding the law of damages

   Adopting strategies to minimize liability risk

Minimizing Risk by Maximizing Compliance             J. Hays
with Rules of Professional Conduct and Ethics

   Complying with rules of professional conduct: competency,
      objectivity and truthfulness, confidentiality

   Preventing conflicts of interest

   Complying with rules on sealing of documents and plans

   Preventing the unauthorized practice of engineering

   Discussion of ethics hypotheticals/case studies

Types of Claims Against Engineers          J. Lipcius

   Negligence/tort claims

      • Duty, breach of duty, proximate causation,
         apportioning liability and damages

   Contract claims

   Damages: tort damages, contract damages

   Miscellaneous issues that commonly arise

Managing Risk with General Liability and          M. Busick
Professional Liability Insurance Coverage

   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

Credits

This seminar is open to the public and offers up to 7.0 PDHs to Kentucky professional engineers. Educators and courses are subject to preapproval in Kentucky.

Kentucky professional engineers with continuing education requirements 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.

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

C. Busick

The Underwriters Group

Account Executive, The Underwriters GroupMr. Busick is a commercial property and casualty account executive with The Underwriters Group in Louisville, Kentucky, where he designs and manages risk management and insurance programs for large commercial clients. He works with an array of industries from heavy manufacturing, technology and life sciences, to commercial construction, education, financial institutions and nonprofit human services for commercial and municipal organizations, many with national scope. Mr. Busick’s expertise and areas of specialty include liability, unique workers compensation solutions, risk management strategies, loss control solutions, and alternative loss funding, including captives, large deductibles and self-insurance.

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.

Paul Hoffman

Private Practice

Architect & Attorney in Private PracticeMr. Hoffman is an architect and attorney admitted to practice in Kentucky. He holds a Bachelor of Architecture degree from the University of Texas at Austin, and a Juris Doctorate degree from the University of Kentucky. He has given talks and conducted seminars and other training programs on topics including Kentucky building codes and professional responsibility. In his practice he provides consultation and services to clients in construction matters.

B. Jones

Reminger

Attorney with RemingerMr. Jones is an experienced litigator and a leader in the firm’s construction law practice group. He has represented construction contractors and design professionals such as architects and engineers in a variety of errors and omissions claims where the claimed damages have included catastrophic bodily injury and death, property damage, construction delay damages, liquidated damages and other economic losses arising from design errors or omissions. He has tried numerous bench and jury trials and has participated in binding and non-binding arbitrations. After obtaining successful judgments for his clients, Mr. Jones has successfully argued appeals before Appellate Courts and the Ohio Supreme Court. He was recognized as a Rising Star in Kentucky Super Lawyers Magazine in 2013 and 2014.

Jesse Lipcius

Attorney with Ulmer & Berne LLP in Cincinnati

Mr. Lipcius practices in construction, construction litigation, litigation, real estate, business, complex business litigation, consumer and commercial litigation, employment and labor law and green business practice. Mr. Lipcius received his undergraduate degree from George Mason University and a J.D. degree from the University of Dayton School of Law.

David Trevey

Kinkead & Stilz, PLLC

Attorney with Kinkead & Stilz, PLLCMr. Trevey graduated, cum laude, from the University ofKentucky College of Business with a BBA degree in Finance andManagement in 2000, and he then received his J.D. degree from the University of Kentucky in 2004, the same year that he was admitted to practice in Kentucky. He is also admitted to practicein the Eastern and Western Districts of Kentucky, the Sixth CircuitCourt of Appeal and the Ninth Circuit Court of Appeals. While attending the University of Kentucky, Mr. Trevey was a member of the Journal of Natural Resources and Environmental Law, and the Trial Advocacy Board, where he was named best advocateduring the 2003 Kentucky Mock Trial Tournament. He is amember of the Fayette County Bar Association, the Kentucky Bar Association, the Defense Research Institute, and the Kentucky Defense Counsel. Since graduation, Mr. Trevey has focused his practice almost entirely on the defense of professionals.He has defended physicians, nurses, dentists, architects, engineers, lawyers, accountants, land surveyors and real estate professionals. He also has experience in large-scale cases such as class actions, increasingly popular multi-district litigation (MDL) cases such as Vioxx, Celebrex and Phen-Fen, as well as large-scale disaster consolidation cases such as the Comair Flight 5191litigation.

CD/Manual Price: $279.00

Currently, our self-study products DO NOT qualify for AIA, LACES, ASLA or CLARB credit.

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.

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