Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 – 11:15 am

Lunch (On your own):         11:15 am – 12:15 pm

Afternoon Session:             12:15 – 5:00 pm


Construction Contract Fundamentals 
J. Caravella

   Contract terminology
      • Parties, consideration, term, performance,
        substantial performance, breach, remedies, damages
   Understanding types of construction contracts
      • Stipulated sum 
      • Cost plus fee
      • Design build 
      • Construction management
   Understanding roles and relationships of project participants:
      • Owners, architects/engineers, construction managers, contractors, subs and suppliers
   Contract negotiation and drafting
   Exploring the law of construction contract interpretation

 


Supplemental or Alternate AIA Contract Documents 
K. Silverberg

   A105-2017 Standard Form of Agreement Between Owner 
      and Contractor for a Residential or Small Commercial Project
   A107-2017 Standard Form of Agreement Between Owner and Contractor 
      for a Project of Limited Scope
   B105-2017 Standard Form of Agreement Between Owner and Architect 
      for a Residential or Small Commercial Project
   The “SP” Series for Sustainable Projects
   AIA Contract Documents for Digital Practice

 


AIA A201: General Conditions 
V. Pallaci

   Overview of new updates to AIA documents
   General provisions
   Project participants: owner, contractor, architect, engineer, subcontractors
   Changes in the work 
   Time, payments and completion
   Protection of persons and property, insurance and bonds
   Defects in and correction of work 
   Miscellaneous provisions
   Termination, suspension, claims and disputes

 

 


The Primary AIA Contract Documents 
J. Caravella

    A101 – 2017 Standard Form of Agreement Between Owner 
      and Contractor (Stipulated Sum)
   A102 – 2017 Standard Form of Agreement Between Owner and Contractor 
      (Cost Plus Fee with GMP)
   B101 – 2017 Standard Form of Agreement Between Owner and Architect
   A133 – 2009 Standard Form of Agreement Between Owner and Construction Manager-Where 
      Construction Manager is also Constructor
   A141 – 2014 Standard Form of Agreement Between Owner and Design Builder
   A401 – 2017 Standard Form of Agreement Between Contractor and Subcontractor
   C401 – 2017 Standard Form of Agreement Between Architect and Consultant

Case Study: Reviewing Completed Contract Documents
for a Sample Project
J. Caravella

Credits

Architects  
     7.0 HSW Continuing Ed. Hours
     7.0 AIA LU|HSW

Professional Engineers
     7.0 Continuing Ed. Hours

Contractors
     Non-Credit Continuing Ed.

 Continuing Education Credit Information

This seminar is open to the public and offers up to 7.0 continuing education hours to professional engineers and 7.0 HSW continuing education hours to architects in all states.

HalfMoon Education is deemed a New York-approved continuing education provider for architects via its affiliation with the American Institute of Architects.

The American Institute of Architects has approved this course for 7.0 LU|HSW (Sponsor No. J885). Only full attendance can be reported to the AIA/CES. Visit www.halfmoonseminars.org for complete AIA information under this course listing. Courses approved by the AIA qualify for New Jersey architects.

Providers of continuing education for New York professional engineers are considered approved, if the provider is approved by the American Institute of Architects Continuing Education System. Courses are considered approved if they contribute to the professional practice of professional engineering in approved subject areas.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700), North Carolina, and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York architects.

This event offers a non-credit continuing education opportunity to construction contractors. It has not been approved by any state with a continuing education requirement for contractors.

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

John Caravella

The Law Offices of John Caravella P.C.

The Law Offices of John Caravella P.C. with offices in Uniondale and Melville, New York, as well as Ft Lauderdale, Florida.
Mr. Caravella is a construction attorney and formerly practicing project architect, represents architects, engineers, contractors, construction managers, subcontractors and project owners in all phases of pre- and post-construction services. For builders, contractors, construction managers, subcontractors, and design professionals, typical services include the drafting and negotiation of complex New York construction contracts, including AIA form agreements, and public and private mechanics lien or bond claims, as well as trial or arbitration proceedings. For owners, both residential and commercial, services include review and negotiation of contracts for design and construction services, assistance in the replacement of non-performing or under-performing contractors, litigation or arbitration of unlicensed contractor or defective construction claims, and defense of commercial and residential foreclosure or eviction proceedings. He has been awarded the Leadership in Law Award by the Long Island Business News, as well as named to its ‘Ones to Watch in Long Island Law’ list. Mr. Caravella has been invited to speak at industry functions, has been interviewed by local press outlets, has had multiple legal articles published and has beeen appointed to serve as an arbitrator to the American Arbitration Association Construction Industry Panel of Neutrals. Mr. Caravella is a member of the Nassau County Bar Association Construction Law Committee, the Broward County Bar Association Construction Law Committee, and the New York State Bar Association, and he writes for The Construction Law Blog. He maintains an “open door” office policy and always provides free, no-obligation telephone consultations.
 

Vincent T. Pallaci, Esq.

Managing Member of Kushnick Pallaci PLLC in Bohemia, NY

Mr. Pallaci is the firm’s managing member and focuses his practice on complex construction, business and insurance litigation. He represents general contractors, developers, subcontractors, owners, construction managers, architects and engineers in a wide variety of disputes including defective construction, excavation and property damage litigation, delay, scope of work disputes, mechanic’s lien foreclosure and defense, defense of OSHA violations, ECB violations, construction license agreements, labor law claims and employment claims. Mr. Pallaci has successfully represented clients in arbitration and mediation as well as in state and federal litigation. His clients have ranged from small locally owned businesses to nationally and internationally known members of the Fortune 1000 and S&P 500. Mr. Pallaci is a Fellow in the Construction Lawyers Society of America, holds the highest possible “AV Preeminent” rating from Martindale Hubble, is recognized as a “Top Construction Attorney” by AVVO and has been recognized as a “rising star” by Super Lawyers magazine every year since 2012. In addition to his legal practice, Mr. Pallaci is a former chair of the Nassau County Bar Association’s Construction Law Committee and has lectured and written more than 100 articles on construction law topics, including strategies for mitigating and avoiding loss and effective payment recovery options.

Karl Silverberg

Silverberg P.C.

Founding Attorney, Silverberg P.C., Central Islip, New York
Prior to law school, Mr. Silverberg worked as a professional engineer and has eight years of experience working as a structural engineer on public sector transportation projects. He represents those in the construction chain including owners, general contractors, subcontractors, suppliers, architects, engineers, and construction managers. Mr. Silverberg represents clients in the New York City and the Long Island regions. He handles cases in state court, federal court, bankruptcy court, administrative tribunals and in arbitration. Mr. Silverberg graduated college in 1991 from Rensselaer Polytechnic Institute with a degree in engineering. In 2003, he graduated from St. John’s University School of Law in New York and has practiced construction law for over 10 years.

AIA Info

AIA Provider Statement:

HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).

This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.

AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

Course Title: AIA Contract Document Workshop

Delivery Method: Live

Course Description: This is a 7.0 hour live lecture presentation with the instructors and students together in the same room. It will be conducted in a handicap-accessible conference room with ample seating space and writing surface for all attendees. Bound written materials, authored by the faculty, will be distributed to all participants at the program. Attendance will be monitored and reported to AIA/CES.

Learning Objectives:

Learning Objective 1:
Learners will be able to know when to use AIA Standard forms A101-2017, A102-2017, B101-2017, A133-2009, A141-2014, A401-2017, and C401-2017, and they will be able to identify the obligations and project participant relationships that are created by those agreements.

Learning Objective 2:
Learners will be able to know when to use and the obligations of supplemental or alternate AIA contract documents A105-2017, A107-2007, B105-2017, and “SP” Series for Sustainable Projects.

Learning Objective 3:
Learners will be able to define key contract terminology, be able to differentiate types of construction contracts, explain the roles and relationships of the project participants, and discuss legal issues of construction contract interpretation. 

Learning Objective 4:
Learners will be able to identify changes to AIA A201: General Conditions affecting project participant relationships, changes in work, time, payments and completion, protection of persons and property, insurance and bonds, defects and correction of work, termination, suspension, claims and disputes.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Familiarity with construction contract terminology and interpretation.

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 06/26/2020

Complaint Resolution Policy:

Complaints regarding this course can be emailed to doug@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.