Agenda

Registration:                    8:00 – 8:30 am

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

Lunch (On your own):       12:30 – 1:30 pm

Afternoon Session:           1:30 – 5:00 pm

Construction Contracting in Traditional and Alternative 
Project Delivery Systems: Finding the Framework That’s 
Right for the Owner and the Project
M. La Fratta

   Legal rights/duties of construction entities: contractors,
     design services firms, subcontractors and suppliers

   Design-bid-build: entering into construction contracts
     and agreements in the traditional construction process

   Design-build: contractor-led, designer-led, joint venture

   Construction manager and construction manager-at-risk

Shop Drawing & Submittal Reviews and Related Best Practices
B. Dulin

   Shop drawing process in different project delivery methods

   Roles of project participants in submittal and review of shop drawings

   Shifting liabilities of contractors and design professionals in review process

   Examples of typical problems associated with shop drawing review

   Recent and high profile cases addressing liabilities in shop drawing review process

   Recommended policies, processes and protocols for managing risk
     associated with shop drawing submittal and review

Diverse Causes of Project Failures: Learning from Others’ “Lessons Learned”
J. Watson

   Distinguishing between a “project failure” and a “failed project”

   Generally overstating achievable expectations and failing to understand project risks

   How do P3 and design-build projects address potential risks and failures?

   Specification re-use, project substitution & design intent

   Integrating and coordinating design elements

   Cutting corners to contain costs and using peer review

   Are designers under compensated for value engineering efforts on design build projects?

   Who should be paying “project” inspectors?

Coverages & Conflicts in Insurance and Agreements to Indemnify
J. Watson

   How a designer’s liability coverage differs from a contractor’s?

   Can contractual agreements to indemnify usurp state law?

   Are there any limits on an insurer’s right to control choice of counsel?

   What happens when the entity to be indemnified contributes to the loss?

   Can Virginia law be used to put a “cap” on an agreement to indemnify?

Examining Legal Issues and Contract Disputes
A. Burnett

   Changed conditions

   Delays, acceleration

   Handling payment claims and final payments

   Resolving disputes through mediation, arbitration, litigation

   Understanding contractual and statutory warranties

Legal & Ethical Considerations in Construction Contracting and Performance
B. Dulin

   Sources of ethical requirements for design professionals and contractors

   Requirements for state and federal government projects

   Rules of professional conduct and responsibility for design professionals

   Potential conflicts/ambiguities and relationship to professional liability

   Impacts on changing roles of design professionals in construction projects

   Examples of common ethics issues/case studies associated with construction projects

   Recommendations for management of risk associated with ethical issues

Credits

Professional Engineers
     7.0 Continuing Ed. Hours

Architects
     7.0 Continuing Ed. Hours (HSW)
     7.0 AIA HSW Learning Units

Contractors
     Non-Credit CE Opportunity

Continuing Education Credit Information

This seminar is open to the public and offers 7.0 (HSW) continuing education hours to architects and 7.0 continuing education hours to engineers in all states, excluding Florida architects. Educators and courses are not subject to preapproval in Virginia.

This event has been approved by the American Institute of Architects for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA.

HalfMoon Education is deemed an approved continuing education sponsor for New York architects. HalfMoon Education is an approved continuing education sponsor for engineers in Florida, Indiana, Maryland, New Jersey (Approval No. 24GP00000700), New York (NYSED Sponsor No. 35), North Carolina, and North Dakota.

This seminar offers a continuing education opportunity to construction contractors but has not been approved by any state contractor licensing entity.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Alexander Burnett

Williams Mullen

Partner at Williams Mullen in RichmondMr. Burnett focuses his practice on construction law and litigation. He serves a broad spectrum of clients involved in the construction industry including banks, owners, developers, general contractors, subcontractors and suppliers. He actively participates in clients’ construction projects by drafting or revising contracts, advising clients of their rights throughout a project, and regularly litigating and arbitrating on behalf of clients on contract claims, mechanic’s liens, payment bonds and performance bond claims.

Betsy Dulin

38th ED, LLC

38th ED, LLC, RichmondMs. Dulin has over 25 years’ experience in the practice of law and engineering. She is a registered professional engineer (civil) and is licensed to practice law in Virginia, West Virginia and Ohio.Ms. Dulin has a B.S. degree in Civil Engineering and an M.S. degree in Environmental Engineering from WVU and Virginia Tech, respectively, and her law degree is from Washington & Lee University. She has worked throughout her career in the engineering design and construction context as a design professional, project manager, planner, and attorney. Ms. Dulin is experienced in negotiation and drafting of contract documents, including specifications, and she has experience in both civil and criminal litigation. She also has significant experience working with public sector clients on contracting, regulatory, construction, legislative, and public communications matters. Ms. Dulin is a former dean of the College of Information Technology and Engineering at Marshall University and is a member of the National Society of Professional Engineers, the Society of American Military Engineers, the American Society of Civil Engineers, and the Construction Specifications Institute. She owns her own small business, where she specializes in planning, project management, technical writing, public engagement, and meeting facilitation. Ms. Dulin is an adjunct faculty member with Virginia Tech, offering graduate courses that cover construction, contracts, environmental issues, and related topics.
 

Mark La

McGuire Woods

McGuire Woods, Richmond
Mr. La Fratta has more than 35 years’ experience supporting clients on the development and construction of energy and industrial projects such as LNG facilities, power plants and food processing facilities, as well as large commercial construction, such as office towers. He has represented the owners, lenders and customers of most types of power generation projects, including hydro, biomass, coal, lignite, pet coke, nuclear, natural gas, waste-fired, landfill gas, wind and solar (PV and CSP). A recognized authority in his field, Mr. La Fratta has written on construction, energy and utility-related topics for a number of organizations, including for the Energy and Mineral Law Foundation (Drafting and Negotiating Power Purchase Agreements) and the American Society of Mechanical Engineers (Design Build Projects). He has taught classes at a number of industry venues and conferences including the Association of Corporate Counsel and the American Institute of Architects. Mr. La Fratta has been selected as a fellow in the Construction Lawyers Society of America and was named Energy Regulation Lawyer of the Year for Virginia by Best Lawyers for 2018.

James Watson

Coates & Davenport, P.C.

Coates & Davenport P.C., RichmondMr. Watson is a 25-year member of the Construction Law and Public Contracts Section of the Virginia State Bar. His practice is focused on serving clients in the areas of both public and private procurement and construction. In addition to having tried numerous construction cases before federal and state courts, arbitration panels, and federal boards of contract appeals, he is a frequent speaker before professional and construction industry groups. Mr. Watson recently spoke on design-build issues at the 2016 regional conference of SASHTO. His comprehensive knowledge of the construction process is enhanced by being certified for six years as a project management professional (PMP) by the Project Management Institute. In addition, Mr. Watson worked for over two years with project managers in construction administration with one of the nation’s largest multi-disciplinary engineering firms. There, on a daily basis he worked with engineers to resolve complex construction issues involving all major engineering disciplines. Although not an engineer, Mr. Watson twice served as chair of the Richmond Joint Engineers’ Council. He has served on the board of directors of the Richmond Chapter of the Construction Specifications Institute and was certified by the national CSI as a MasterFormat-2004® instructor.