Webinar instructions will be emailed before the date of the webinar.
Monday, December 7, 2020
Log into Webinar: 8:30 – 9:00 am CDT
Morning Session: 9:00 am – 12:30 pm CDT
Break: 12:30 – 1:00 pm CDT
Afternoon Session: 1:00 – 5:00 pm CDT
Construction Contract Fundamentals – S. McEown
• 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 – S. Khan, M. Rossman
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)
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 – V. Pallaci
Overview of new updates to AIA documents
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
Termination, suspension, claims and disputes
Supplemental or Alternate AIA Contract Documents – J. Thompson
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
Case Study: Reviewing Completed Contract Documents for a Sample Project – J. Thompson
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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.
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7.0 CE Hours (Non-HSW)
International Code Council
.7 CEUs (Administration)
Continuing Education Credit Information
This webinar offers 7.0 PDHs to professional engineers and 7.0 continuing education hours to architects licensed in all states that allow for 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), North Carolina (S-0130), and North Dakota. HalfMoon Education is deemed an approved continuing education sponsor for New York 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)). 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|Elective (Sponsor No. J885). Only full attendance 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).
Completion certificates will be awarded to participants who complete this event, respond to prompts and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Sara Abbott McEown
Attorney and Shareholder at Andrews Myers (Houston, TX)
Ms. McEown’s practice focuses on the transactional and dispute resolution aspects of construction law. She works with clients in all phases of the construction process with an emphasis on contract drafting and negotiation, dispute avoidance during construction, field management and administration, project close- out and dispute resolution. When litigation is unavoidable, Ms. McEown has over a decade of experience trying construction cases to verdict and through appeal, as well as resolving real estate and commercial business disputes. Her legal acumen is complemented by her field experience with a large commercial general contractor prior to law school. This distinctive combination allows her insight into the nuts and bolts of issues that arise before, during and after a project, and the intrinsic capability to support the project community – including general contractors, subcontractors, owners, developers and sureties – in all aspects of construction and development.
Sakib A. Khan
Attorney and Principal at Khan Law PLLC (Greater Boston Area, MA)
Mr. Khan advises project owners, general contractors, subcontractors, architects, engineers, sureties and consultants on construction-related legal matters. A substantial portion of Mr. Khan’s practice is focused on pre-litigation, dispute avoidance and risk management counseling. This includes construction contract drafting and negotiation and development of strategies for project owners and construction industry clients to address and resolve contract claims for additional time and compensation during the course of the project and without external intervention by legal counsel, much less appearance in court or arbitration. Attorney Khan earned a B.S. degree in Civil Engineering from the Columbia University School of Engineering and Applied Science and a J.D. degree from Boston College Law School. He is admitted to practice law in Massachusetts, New Hampshire and New York.
Vincent PallaciKUSHNICK PALLACI PLLC, in Bohemia, NY
Mr. Pallaci focuses his practice on complex construction, business and insurance litigation. He represents general contractors, developers, subcontractors, owners, construction managers, architects and engineers in a wide variety of disputes including defective construction, excavation and property damage litigation, delay, scope of work disputes, mechanic’s lien foreclosure and defense, defense of OSHA violations, ECB violations, construction license agreements, labor law claims and employment claims. Mr. Pallaci has successfully represented clients in arbitration and mediation as well as in state and federal litigation. His clients have ranged from small locally-owned businesses to nationally and internationally known members of the Fortune 1000 and S&P 500. Mr. Pallaci holds the highest possible “AV Preeminent” rating from Martindale Hubble, is recognized as a “Top Construction Attorney” by AVVO and has been recognized as a “rising star” by Super Lawyers magazine every year since 2012. In addition to his legal practice, Mr. Pallaci is a former chairman of the Nassau County Bar Association’s Construction Law Committee and has lectured and written more than 100 articles on construction law topics, including strategies for mitigating and avoiding loss and effective payment recovery options.
Attorney at Khan Law PLLC (Greater Boston Area, MA)
Mr. Rossman practices complex commercial litigation with a focus on the construction industry at Khan Law PLLC. Prior to joining Khan Law PLLC, he defended construction industry participants against toxic tort claims, and he represented disability beneficiary claimants before the Social Security Administration. While studying at Boston College Law School, Mr. Rossman volunteered with the Innocence Project. He is admitted to practice law in Connecticut, Massachusetts and Rhode Island.
Jennifer A. Thompson
Partner at TTLO Law in Edina, MN
Ms. Thompson has been practicing construction and real estate law her entire legal career. Her work includes multi-party construction litigation as well as multi-party, multi-tier transactional work, including contract negotiation and drafting. Her legal practice involves assisting clients on bidding, contracting, and claims prosecution for both public and private projects. This work involves such matters as advising and counseling clients on issues of government contracting, including procurement and government regulations. Ms. Thompson has experience in surety work, mechanic’s lien claims, construction defects, and construction contract disputes. She is the legal advisor to the Association of Women Contractors (AWC) and takes great pride in her work representing women-owned construction businesses in matters relating to WBE, DBE, and MBE certifications, as well as other construction and business matters. Ms. Thompson currently serves as the Treasurer of the Minnesota State Bar Association (MSBA). She is the chair of the MSBA Membership Committee and a member of the MSBA Council and Assembly. Ms. Thompson is also a past-chair of the Construction Law Section of the MSBA.
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 (email@example.com 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 is being reviewed 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 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|Elective
Prerequisites: Experience with construction contracting
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 10/26/23
Complaint Resolution Policy:
Complaints regarding this course can be emailed to firstname.lastname@example.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.