Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before the start time.
Monday, May 20, 2024
8:30 am – 5:00 pm CDT
Understanding Construction Contract Essentials
Presented by: David L. Fine
- Examining contract terminology: parties, consideration, term, performance, substantial performance, breach, remedies, damages
- Studying roles and relationships of project participants: owners, 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
Best Practices for Preventing Problems During Construction
Presented by: Bayan Salehi
- Communication
- Documentation
- Scheduling and cost control
- Quality assurance/control
Examining Legal Issues and Contract Disputes
Presented by: Jason Smith
- Changed conditions
- Project documentation
- Delays, acceleration
- Handling payment claims and final payments
- Resolving disputes through mediation, arbitration, litigation
- Understanding contractual and statutory warranties
Understanding Issues in Contract Administration
Presented by: Steven Nudelman
- Insurance and indemnity issues
- Chain of command issues
- Subcontracts
- Changes and change orders
- Payments
- Substantial and final completion
- Breach and pitfalls
Making Changes to Construction Contracts
Presented by: Steven Nudelman
- What types of changes require a change order?
- Preparing a change order
- Communicating the change
- Constructive changes: what happens when a change order does not happen?
- Best practices for managing changes
Reviewing Bidding Documents
Presented by: Peter F. Lindborg
- Invitation
- Bid form
- Instructions
- Bid bond
- Information
- Addenda
Webinar Instructions
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.
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GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
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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
Engineers
7.0 PDHs*
Architects
7.0 Non-HSW CE Hours*
AIA - American Institute of Architects
7.0 LU | Elective
ICC - International Code Council
.7 CEUs (Administration)
*No credit for NY architects or 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 allow non-HSW course content. *This course is not approved in New York and others states which require HSW course content; please refer to specific state rules to determine eligibility.
HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. CAE362), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130).
The American Institute of Architects Continuing Education System has approved this course for 7.0 Elective LUs (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).
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).
On-Demand Credits
The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate. The following pre-approvals may be available for the on-demand format upon request:
7.0 LUs (AIA)
Speakers
David L. Fine
Partner at Mirick, O’Connell, DeMallie & Lougee, LLP, in Worchester, MAMr. Fine represents and counsels clients in the construction industry, including owners and developers, general contractors and construction managers, specialty trade contractors, suppliers and manufacturers. He represents clients in adverse proceedings such as litigation and arbitration, and he consults regarding risk management, contract preparation and negotiation, and general business advice. Mr. Fine is the chair of his firm’s Construction Law Group and the president of the Home Builders and Remodelers Association of Central Massachusetts. He holds several leadership positions in local, regional and national construction trade and bar organizations. Mr. Fine was named a Massachusetts “Super Lawyer” by Boston Magazine and Law & Politics in 2017 and 2018, and he was named a Massachusetts “Rising Star” for several years prior.
Peter F. Lindborg
Founding partner of Lindborg & Mazor LLP, Glendale, CAMr. Lindborg leads the firm’s construction practice. Lindborg and Mazor acts as general counsel to private entities and as outside counsel to private and public entities. The firm specializes in all facets of real estate and construction, from the negotiating and the documentation stage, through project completion and beyond, including the counseling of clients in claims avoidance and mitigation techniques and the mediation, arbitration and litigation of claims. He has been lead counsel in numerous trials and arbitrations involving the prosecution and defense of multi-million dollar construction and real estate claims. Mr. Lindborg has also represented clients before various state and federal administrative agencies and has appeared in a number of state and federal courts throughout the United States. He is a member of the American, California, New Mexico and Los Angeles County Bar Associations.
Steven Nudelman
Partner at Greenbaum, Rowe, Smith & Davis LLP in Red Bank, New JerseyMr. Nudelman concentrates his practice in construction law. For over 25 years he has represented members of the construction industry across a broad spectrum of matters. As Chair of his law firm’s Construction Contracting & Risk Management Practice Group, he works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for domestic and international construction projects. Mr. Nudelman’s 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, he 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.
Bayan Salehi
Manning & Kass, Ellrod, Ramirez, Trester LLPMr. Salehi is an Associate at Manning Kass in the San Diego office. He is a member of the Construction Law and Construction Defect teams, as well as the Insurance Coverage/Bad Faith team. Prior to joining Manning Kass, Mr. Salehi defended numerous clients and carriers in all aspects of insurance defense including but not limited to construction-related matters, complex commercial litigation, general negligence, premises liability, products liability, and catastrophic injury cases. Further, Mr. Salehi he has represented California employers in both single-plaintiff and class/representative actions, as well as providing advice and counsel for drafting handbooks, standalone policies and procedures, and contracts. He received his undergraduate degree from the University of California, Los Angeles with a B.A. in Economics, and received his juris doctorate degree from Loyola Law School, Los Angeles. Mr. Salehi is admitted to practice law in the California State Courts, and the United States District Courts for the Central and Southern Districts of California.
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.
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 Contact Workshop
Delivery Method: Live Online
Course Description: This course covers contract terminology, the types of construction contracts, the roles and relationships of project participants, bidding documents, standard and custom documents, contract administration, dispute resolution and how to make a change to a construction contract.
Learning Objectives:
Learning Objective 1:
Learners will be able to identify and describe bidding documents and project documents, including standard forms and custom documents.
Learning Objective 2:
Learners will be able to discuss issues in contract administration, including insurance and indemnity, chain of command, substantial and final completion, breach, subcontracts, and payments, and learners will be able to explain dispute resolution techniques.
Learning Objective 3:
Learners will be able to define key contract terminology, describe the types of construction contracts, and explain the roles and relationships of the project participants.
Learning Objective 4:
Learners will be able to identify common disputes that arise on construction projects and explain to how resolve them using mediation, arbitration and litigation.
Learning Objective 5:
Learners will be able to identify the types of changes that require a change order, understand how to prepare a change order and how to communicate it, and discuss best practices for managing changes.
LUs: 7.0 LU Type: LU|HSWs.
Prerequisites: Some experience with design and construction contracting
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 10/12/2025
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.