Managing Engineering Risk and Ethics Issues
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
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 GroupAccount 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 PracticeArchitect & 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
RemingerAttorney 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 CincinnatiMr. 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, PLLCAttorney 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.