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 – 5:00 pm

Understanding Construction Contract Essentials 
W. Jackowski

    Examining contract terminology: 
      parties, consideration, term, 
      performance substantial performance, breach, remedies, damages 
   Studying roles and relationships of project participants: 
      0wners, architects/engineers, construction managers,
      contractors, subs and suppliers 
   Understanding the project delivery system: 
      traditional design-bid-build, design-build, construction 
      manager at risk, multiple prime contractor, owner control 
   Understanding types of construction contracts: 
      lump sum, cost plus time and materials, unit pricing 
   Exploring the law of construction contract interpretation

Reviewing Project Documents 
J. Escobar

   Use of standard forms or custom documents
   Agreement Performance bond
   Payment bond
   Contract conditions (general and supplementary)
   Specifications (Format, CSI 1995 and 2004)Shop drawings
   Contract modifications (change orders, directives, etc.)

Ethical Issues in Construction Contracting 
S. Nudelman 

   What is an “ethical contractor”?
   Pertinent statutes/regulations governing conduct
   Pre-contract issues/bidding
   Value of work/financial improprieties
   QA/QC/technical abilities
   Confidential and proprietary information
   Health/safety/welfare 
   Alcohol and drug abuse
   Discrimination/harassment 
   Penalties
   Licensure 
   Ethics compliance program

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

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

Professional Engineers
     7.0 Continuing Ed. Hours,
           Including 1.0 Ethics Hour

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

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers up to 7.0 HSW continuing education hours to architects and 7.0 continuing education hours/PDHs to engineers in all states, including 1.0 ethics hour.

HalfMoon Education is deemed a New York-approved continuing education provider for engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)).

This event is approved by the American Institute of Architects Continuing Education System for 7.0 LU|HSW (Sponsor No. J885). Only full attendance is reportable to the AIA/CES. Visit www.halfmoonseminars.org to view complete AIA/CES information under this course listing.

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.

This event offers a non-credit continuing education opportunity to construction contractors. It is not 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.

Steven Nudelman

Partner at Greenbaum, Rowe, Smith & Davis LLP, Red Bank, NJ

Mr. Nudelman has represented members of the construction industry across a broad spectrum of matters for over 25 years. He works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the New Jersey and New York metropolitan area. Mr. Nudelman drafts, modifies and negotiates customized contracts, as well as contracts based on standard industry forms from groups such as the American Institute of Architects, Consensus Docs and Design Build Institute of America. His construction contracting work helps his clients manage the risk inherent in construction projects so they may adequately protect their interests now to avoid claims and disputes in the future. When claims and disputes are unavoidable, Mr. Nudelman draws upon his wide-ranging experience in construction litigation, representing clients in state and federal courts throughout the New Jersey/New York metropolitan area, as well as in local and international mediations and arbitrations.

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: Construction Contract 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. This course covers the essentials of construction contracts, reviewing bidding documents, issues in contract administration, legal issues and contract disputes, and ethical issues in construction contracting.

Learning Objectives: 

Learning Objective 1:
Learners will be able to review and discuss bidding documents (invitation, bid form, instructions, bid bond, information, and addenda) and project documents (standard form or custom documents, agreement, payment bond, contract conditions, specifications, shop drawings, contract modifications).

Learning Objective 2:
Learners will be able to recognize and avoid ethical pitfalls common to construction contracting by promoting impartial, merit-based award of construction contracts, ensuring honesty, integrity, fair-dealing and quality assurance, and creating a system of internal practices promoting contract compliance and other ethical practices.

Learning Objective 3:
Learners will be able to understand contract terminology, describe the roles and responsibilities of all the project participants (owners, designers, construction managers, contractors, subcontractors and suppliers), differentiate project delivery systems (traditional design-bid-build, design build, construction manager at risk, multiple prime contractor, owner control), and differentiate types of construction contract types (lump sum, cost plus, time and materials, unit pricing).

Learning Objective 4:
Learners will be able to assist in contract administration matters by understanding such matters relating to insurance and indemnity, subcontracts, changes and change orders, bonds, payments, mechanic’s liens/stop notices, changed conditions, delays, acceleration/payment claims, and dispute resolution.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Familiarity with contract construction elements. 

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 01/19/2021

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.