Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:30 am

Lunch (On your own):       11:30 am – 12:30 pm

Afternoon Session:           12:30 – 4:30 pm

Understanding Construction Contract Essentials                        J. Escobar

   Examining contract terminology:
      • Parties, consideration, term, performance,
        substantial performance, breach, remedies, damages
   Understanding types of construction contracts:
      • Payment method                             • Award and selection
      • Project delivery system                    • Number of primes
      • Legal description
   Studying roles and relationships of project participants:
      • Owners, architects/engineers, construction managers,
        contractors, subs and suppliers
   Exploring the law of construction contract interpretation

Understanding Issues in Contract Administration                          T. Bakal

   Insurance and indemnity issues
   Chain of command issues
   Subcontracts
   Changes and change orders
   Payments
   Substantial and final completion
   Breach and pitfalls

Comparing Standardized Construction Documents                W. Jackowski

   American Institute of Architects
   ConsensusDocs
   Engineers Joint Contract Documents Committee (EJCDC)

Reviewing Bidding Documents                                                    J. McMahon

   Invitation                Bid form                    Instructions
   Bid bond                Information                 Addenda

Examining Legal Issues and Contract Disputes                         R. Angelillo

   Changed conditions
   Project documentation
   Litigating payment bond claims
   Handling payment claims and final payments
   Resolving disputes through mediation, arbitration, litigation
   Understanding contractual and statutory warranties

Credits

Architects
     6.5 HSW Contact Hours
     6.5 AIA HSW Learning Units

Professional Engineers
     6.5 PDHs

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers up to 6.5 HSW continuing education/contact hours to architects and 6.5 PDHs to professional engineers in most states, including New York and New Jersey.

HalfMoon Education is deemed a New York-approved continuing education provider for architects via its affiliation with the American Institute of Architects. HalfMoon Education is an approved continuing education provider for New York engineers (NYSED Sponsor No. 35) and New Jersey engineers (Approval No. 24GP00000700).

The American Institute of Architects has approved this event for 6.5 HSW Learning Units (Sponsor No. J885). Courses approved by the AIA qualify for New Jersey and District of Columbia architects.

This event offers a non-credit continuing education opportunity to construction contractors, but 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

Robert Angelillo

Arkin Solbakken LLP

Arkin Solbakken LLP, New York CityMr. Angelillo is a partner at the law firm Arkin Solbakken LLP in New York City. Mr. Angelillo is an experienced construction litigator in the state and federal courts of New York and New Jersey. Mr. Angelillo has represented owners, developers, general contractors and subcontractors in all manner of public and private project construction disputes, including payment and performance bond litigation and mechanics’ lien enforcement actions. He has also negotiated and drafted complex commercial and construction contracts. Mr. Angelillo has written extensively on legal matters affecting the construction industry, with articles published in New York Construction, Nassau Lawyer and Mann Report Building and has lectured on construction law and litigation at numerous construction trade associations and bar associations.

Todd Bakal

Law Offices of Todd Bakal

Law Offices of Todd Bakal, White Plains
Mr. Bakal has helped people with their business and personal legal needs for more than 20 years. During that time, he has focused his practice in the areas of construction, environmental, and general commercial litigation as well as insurance coverage disputes. Outside of the courtroom, Mr. Bakal helps individuals and business owners with real estate, business formation and succession, regulatory work, and trust and estate planning and administration issues. He is a graduate of the University of Michigan, where he double-majored in Philosophy and Computer Science. Mr. Bakal then attended George Washington University Law School. Prior to practicing law, he founded RBI Software, Inc. which specialized in the development of commercial vertical market applications. Mr. Bakal is a member of the New York State Bar Association, the New Jersey State Bar Association, the Westchester County Bar Association, and the New York City Bar Association. He is admitted to the New York and New Jersey bars.

Jeffrey Escobar

Norton Rose Fulbright US LLP

Senior Counsel in the New York office of Norton Rose Fulbright US LLP
Mr. Escobar concentrates his practice on real estate development, construction transactions and practices and project finance. He provides clients with key insight and in-depth knowledge into every stage of project real estate development, construction and financing. Focusing on the development and construction of commercial real estate and project financed-backed ventures, as well as energy, infrastructure, transportation and renewable energy projects, Mr. Escobar has led hundreds of large and complex vertical and horizontal projects spanning the Americas on behalf of key players in the merchant gas and energy, renewable energy, infrastructure, and commercial real estate industries — from the construction of a professional sports stadium and the only aerial commuter tramway system in the country in New York City to the development and construction of large luxury apartment communities in Los Angeles County and off shore gas and wind energy facilities in the Gulf of Mexico.

Wojciech “Voytek” Jackowski

Principal and Chair of the Commercial Litigation Practice (North) at Offit Kurman, New York, NY

Wojciech “Voytek” Jackowski is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational and cost-effective business solutions. His diverse practice includes international facets of litigation and dispute resolution, and criminal and civil facets of various international income reporting obligations. He has represented entities and individuals in cases involving trade and contract disputes, property loss claims, bankruptcy proceedings, construction issues, commodities and derivatives matters, white-collar crime, personal injury, and claims raising questions under federal labor law. Before joining Offit Kurman, Mr. Jackowski was a partner in the New York law firm of Menaker & Herrmann LLP. He began his career as a prosecutor and later became a Senior Assistant District Attorney with the Brooklyn District Attorney’s Office, where he was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, and corporate and individual income and sales tax evasion. Mr. Jackowski frequently lectures and publishes articles on construction law and litigation topics. He is active in numerous bar and industry associations, including the Construction Law Committee of the New York Building Congress, the Building Owners and Managers Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, the Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is also a member of the Construction Law Committee of the New York City Bar Association.

James McMahon

Lewis & McKenna

Partner at Lewis & McKenna, Saddle River, NJMr. McMahon is a member of the State bars of New York, New Jersey, and Massachusetts, in addition to the Federal District Courts of New Jersey, New York, and the Third Circuit Court of Appeals.  Prior to undertaking the practice of law, Mr. McMahon worked as a laborer, surveyor, and field engineer for a large civil construction company, working on such projects as the CA/T (Big Dig) Project, and the billion-dollar electrification of the Northeast Corridor. He is an active member of the New Jersey Construction Law Section, serving as co-vice chair of the Section, and he will soon take over the position of chair of the Section.  Mr. McMahon is also an active member of the New Jersey Association of General Contractors, and the New Jersey Utility and Transportation Contractors Association, serving on the Association’s Legislative Affairs Committee.  He has published many articles in legal and industry publications, including a chapter in Aspatore’s Inside the Minds:  Government Contract Bid Protest.  Mr. McMahon practices in the areas of construction, commercial litigation, and maritime collection actions and has been named a Superlawyer Rising Star. He has been named one of New Jersey’s 40 Under 40 most accomplished and young dynamic business leaders by New Jersey Business Magazine.