Agenda

Webinar instructions will be emailed before the date of the webinar.

Please log into the webinar 15 – 30 minutes before start time.

Wednesday, November 2, 2022
8:30 am – 4:30 pm CDT (including a 30-min. break)

 

Presented by
Theodore L. Degenhardt IV
Alexander F. Ferrini III
Joe D. Tolbert
Adrian A. D’Arcy
A.J. Manion

Agenda
Construction Contract Fundamentals
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

The Primary AIA Contract Documents
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)
A103-2017 Standard Form of Agreement Between Owner and Contractor (Cost Plus Fee without 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

AIA A201: General Conditions
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

Supplemental or Alternate AIA Contract Documents
A105-2017 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project
A104-2017 Standard Abbreviated Form of Agreement Between Owner and Contractor
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

 

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 can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

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:
7.0 PDHs*

Architects:
7.0 non-HSW CE Hours
7.0 AIA LU| Elective

International Code Council:
.7 CEUs (Administration)

*no credit for NY engineers

 

Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 7.0 PDHs for professional engineers and 7.0 continuing education hours for licensed architects in all states that accept non-HSW coursework.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). Most other states do not preapprove continuing education providers or courses.

The American Institute of Architects Continuing Education System has approved this course for 7.0 LU| Electives (Sponsor No. J885). Only full participation is reportable to the AIA/CES.

The International Code Council has approved this event for .7 CEUs in the specialty area of Administration (Preferred Provider No. 1232).

This course is not approved in New York and states which require HSW coursework.

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).

Speakers

Theodore L. Degenhardt IV

Theodore L. Degenhardt IV  Attorney at Clark Hill in Detroit Michigan.
Mr. Degenhardt is an experienced counselor and litigator in the construction space. He provides ongoing representation for design professionals, general contractors, subcontractors, and owners in a wide range of public and private projects involving issues like contract negotiation, contract interpretation, construction change directives, damages for delay, defective construction, design errors, differing site conditions, and owner interference.

Adrian A. D’Arcy

Founding Partner at D’Arcy Vicknair L.L.C. in New Orleans, Louisiana
Mr. D’Arcy’s primary practice areas include commercial litigation, construction litigation which he litigates in federal and state courts, and in arbitrations. He is a proponent of resolving matters early in mediation and through alternative dispute resolution if possible so clients can focus on their companies and not on litigation. Additionally, Mr. D’Arcy crafts and reviews construction contracts so that clients are protected on the front end of projects. He has over 18 years of litigation experience. Mr. D’Arcy graduated cum laude from Loyola Law School and now teaches a Construction and Surety Law class there as an adjunct professor. He has also presented numerous lectures on construction and surety issues over the last 18 years and he continues to speak on these subjects on a regular basis. Mr. D’Arcy is licensed to practice law in all Louisiana State courts; the United States District Courts for the Eastern, Western and Middle Districts of Louisiana; the United States Fifth Circuit Court of Appeals; the United States Second Circuit Court of Appeals; the United States Court of Federal Claims; and other federal district courts across the country.
 

Alexander F. Ferrini Lll

Partner and Attorney at Olshan Frome Wolosky LLP
Mr. Ferrini has wide experience in the preparation, review, analysis and negotiation of construction and design contracts. He has been the lead construction contract writer and negotiator for owners of private, corporate and institutional projects, ranging from school district facilities upgrades to new multi-use developments of up to $500M. Mr. Ferrini is an adjunct professor at New York Law School, teaching Construction Law in the LLM program. He has also authored numerous articles on construction and design industry topics.
 

A.J. Manion

Co-founder of Manion Stigger, LLP, a law practice devoted to representing and advising construction professionals
Prior to his legal career, Mr. Manion was educated as an engineer and worked in project management for an ENR 100 contractor. Before Manion Stigger, he was part of the national construction practice of an AMLAW 200 firm and a law clerk in the United States District Court. His three decades’ experience in construction includes prosecuting and defending large payment claims in a variety of construction contexts, drafting and negotiating hundreds of construction-related transactions, and working closely with clients to manage operational risk.

Joe D. Tolbert

Joe D. Tolbert is Director at Brackett & Ellis, P.C., in Fort Worth, Texas.
Mr. Tolbert has represented businesses and individuals for more than 32 years. He counsels clients on various business issues and has an active trial practice in commercial litigation and construction law. In addition, Mr. Tolbert is board certified in Construction Law by the Texas Board of Legal Specialization, a mark of excellence and a distinguishing accomplishment achieved by fewer than 150 practicing attorneys in Texas. Board-certified attorneys in Construction Law are specialists in transactions and relationships among contractors, subcontractors, suppliers, owners, architects, engineers, governmental entities, insurers, sureties and lenders regarding public and private development, design, and construction projects. 

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 Online

Course Description: This course is a detailed examination of construction contact terminology, types of construction types, roles and relationships of project participants, legal aspects of construction contacts, and select AIA contract documents.

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, and A401-2017, 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 understand the obligations of supplemental or alternate AIA contract documents A105-2017, A107-2017, B105-2017, and “SP” Series for Sustainable Projects.

Learning Objective 3:
Learners will be able to identify and differentiate types of construction contracts and when each type is best suited for the project.

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: Experience with construction contracting

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 10/26/2023

Complaint Resolution Policy:

Complaints regarding this course can be emailed to fchapman@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.