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: Roya H. Fohrer

  • 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.

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 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, MA

Mr. 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. 

Roya Fohrer

Senior Counsel in the Los Angeles office of Manning & Kass, Ellrod, Ramirez, Trester LLP

Ms. Fohrer is a member of the Construction Defect, Insurance Coverage/Bad Faith, Premises Liability, and Professional Liability practices. She regularly advises design professionals, architects, engineers, contractors, owners, subcontractors, and other clients in a variety of complex commercial construction litigation, insurance coverage, professional and general liability matters. Representing clients in both state and federal court, Ms. Fohrer handles all phases of litigation, including law and motion, discovery, and alternative dispute resolution. She earned her J.D. degree from the University of California, Los Angeles School of Law. Ms. Fohrer graduated magna cum laude from the University of California, San Diego, with degrees in Near East History and Political Science & International Relations.

Peter F. Lindborg

Founding partner of Lindborg & Mazor LLP, Glendale, CA

Mr. 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, Greenbaum, Rowe, Smith & Davis, LLP

Mr. Nudelman concentrates his practice in construction law. For over two decades he has represented members of the construction industry across a broad spectrum of matters. He has defended and asserted claims on behalf of owners, developers, condominium associations, general contractors, design professionals, subcontractors, vendors and sureties involved in public and private construction projects throughout the New Jersey and New York metropolitan area. More specifically, Mr. Nudelman has extensive experience handling claims related to payment disputes, construction, design and performance defects, errors and omissions/professional malpractice, code violations, delay and disruption, liens, bonds, public contracting and violations under the New Jersey Consumer Fraud Act. He also maintains an active transactional practice, drafting, reviewing and negotiating construction contracts for his clients with an emphasis on efficiency and practical results.

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.

USB MP4/PDF Price: $349.00