Advanced Construction Contracts: Crisis Response, Risk Management, and Dispute Resolution
Agenda
Advanced Construction Contracts: Crisis Response,
Risk Management, and Dispute Resolution
Monday, July 27, 2020 | 10:30 AM – 3:00 PM CDT
Handling Construction Contract Issues Related to COVID-19
Jason N. Smith
Understanding how COVID-19 has impacted the construction industry
Dealing with delays, work stoppages and other
performance disruptions
Defining “excusable delays” in light of COVID-19
Examining force majeure contract language
Temporary suspensions of contracts
Issues with claims and adjustments
Insurance considerations
Best practices to manage risk beyond the pandemic
Managing Risk in Construction and Design Contracts
W. Matthew Bryant
Fundamental risk management concepts
Contract provisions AEC professionals must know
• Limitation of liability
• Indemnification
• Insurance considerations
• Waiver of subrogation
• Jobsite safety
• Differing site conditions
• Delay damages clause
• Warranties
• Payment provisions
• Dispute resolution mechanism
• Termination/breach
Modifying standard form contracts
Contract negotiation techniques and strategies
Preventing unfair or one-sided contracts
Legal case studies: the law of construction contract interpretation
Resolving Construction Disputes
Michael E. Wagner, Jr.
Types of disputes and causes of conflicts on construction projects
Techniques to reduce the possibility of disputes
Contractual mechanisms for dispute resolution
Risks and benefits of various dispute resolution forums
• Negotiation
• Mediation
• Arbitration
• Litigation
• Alternative Dispute Resolution (ADR)
Best practices to achieve desirable outcomes
Dispute resolution case studies
Webinar Instructions
Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.
Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.
GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled
Internet connection: Minimum of 1Mbps Hardware: 2GB RAM or more
For more information, visit the Support section at www.gotowebinar.com
Credits
Professional Engineers:
4.0 PDHs
Architects:
4.0 CE Hours
4.0 AIA LU|Elective
Continuing Education Credit Information
Individual courses for engineers and architects are not subject to pre-approval. HalfMoon Education does not apply for landscape courses in FL, NC, and NJ or land surveyor courses in FL, KS, NJ, TN and TX, unless expressly stated.
HalfMoon Education Certifying Entities
American Institute of Architects Continuing Education System (No. J885) International Code Council (No. 1232)
Landscape Architect Continuing Education System
American Institute of Certified Planners (APA)
Boards of Engineering: Florida (No. 0004647), Indiana (License No. CE21700059), Maryland,
New Jersey (Approval No. 24GP00000700), North Carolina (No. S-0130), and North Dakota.
Course-by-Course Providers: Association of State Floodplain Managers
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)). NY landscape architects: §79-1.5(i)(2).
Speakers
W. Matthew Bryant
Counsel with Saul, Ewing, Arnstein & Lehr, LLPW. Matthew Bryant focuses his practice on construction law. He writes and negotiates construction contracts for private and public projects, representing participants including owners, architects, engineers, general contractors, and subcontractors. Mr. Bryant resolves construction project performance and payment disputes, including surety bond claims and mechanics lien claims. He also represents owners and contractors in litigation matters including defense and prosecution of breach of contract, warranty, and construction defect claims. Mr. Bryant has defended design professionals against claims of professional negligence. He has written and spoken on many construction-related topics, including contract negotiation, public construction, and licensure of construction professionals. Among other organizations, he is a member of the Steering Committee of the American Bar Association Forum on Construction Law Division 7 for Insurance, Surety, and Liens.
Jason Smith
Partner at Seyfarth Shaw LLP, Washington D.C.Mr. Smith is co-chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics’ liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and he has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.
Michael Wagner
Seyfarth Shaw LLPMichael E. Wagner, Jr is an Associate at Seyfarth Shaw, LLP. He regularly drafts and negotiates construction and design contracts on behalf of owners, general contractors, and subcontractors in order to allocate and mitigate risks and avoid disputes and the associated expense. He has drafted customized agreements for clients and also has experience working with form agreements, such as the AIA, DBIA, and ConsensusDocs. Mr. Wagner’s transactional work spans multiple different project delivery methods, including design-bid-build, design-build, EPC, and public-private partnerships (P3). He has participated in all aspects of a construction project—from project conception, design, contract negotiation, and preconstruction—through the stages of project delivery, construction, close-out, and operation. As a result, he has substantial experience in both transactional work and claims and disputes. Prior to becoming an attorney, Mr. Wagner worked for a general contractor, where he was involved in preconstruction and project and risk management for multiple commercial and government construction projects, with a focus on heavy- civil, highways, utilities, and other public infrastructure work.
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: Advanced Construction Contracts: Crisis Response, Risk Management, and Dispute Resolution
Delivery Method: Live Online
Course Description: This course examines construction contract issues related to COVID-19, risk management contract provisions essential to design and construction professionals, and managing/resolving construction disputes through contractual mechanisms.
Learning Objectives:
Learning Objective 1:
Learners will be able to describe the COVID-19 pandemic has impacted the construction industry, including how delays and work stoppages have prevented design and construction professionals from meeting their contractual obligations.
Learning Objective 2:
Learners will be able to apply best practices learned from the pandemic to better manage risk in the future.
Learning Objective 3:
Learners will be able to identify and explain contractual provisions architects, engineers and contractors must know to manage risk
Learning Objective 4:
Learners will be able to discuss the importance of preventing unfair or one-sided contracts that benefit any stakeholders in a construction project.
Learning Objective 5:
Learners will be able to describe the types and causes of disputes that are common to construction projects, identify techniques that can reduce the possibility of disputes, and explain the risks and benefits of various dispute resolution forums.
LUs: 4.0 LU Type: LU|Elective
Prerequisites: Experience with construction contracts and project management
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 05/06/2023
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.