Agenda

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

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

Tuesday, August 23, 2022
8:30 am – 5:00 pm CDT

 

Agenda
Understanding Construction Contract Essentials
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, 8:30 am – 5:00 pm CDT and materials, unit pricing
Exploring the law of construction contract interpretation

Reviewing Bidding Documents
Invitation
Bid form
Instructions
Bid bond
Information
Addenda

Reviewing Project Documents
Use of standard forms or custom documents
Agreement
Performance bond
Payment bond
Contract conditions (general and supplementary)
Specifications (Format, CSI 1995 and 2004)
Shop drawings
Contract modifications (change orders, directives, etc.)

Understanding Issues in Contract Administration
Insurance and indemnity issues
Chain of command issues
Subcontracts
Changes and change orders
Payments
Substantial and final completion
Breach and pitfalls

Examining Legal Issues and Contract Disputes
Changed conditions
Project documentation
Delays, acceleration
Handling payment claims and final payments
Resolving disputes through mediation, arbitration, litigation
Understanding contractual and statutory warranties

Handling Ethical Issues in Construction Contracting
Promoting impartial, merit-based award of construction contracts
Ensuring honesty, integrity, fair-dealing and quality assurance
Creating a system of internal practices promoting contract compliance and ethical practices

 

 

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, Including 1.0 ethics hour*

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

International Code Council:
.7 CEUs (Administration)

*no credit in New York or states that allow state allow only HSW credit

 

Continuing Education Credit Information
This webinar is open to the public and is intended to offer 7.0 PDHs to professional engineers, including 1.0 ethics hour, and 7.0 non-HSW continuing education hours to licensed architects in most states that allow non-HSW continuing education.* Please refer to specific state rules to determine eligibility.

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).

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

The International Code Council has approved HalfMoon Education as a Preferred Provider of continuing education (No. 1232). Course is approved for .7 CPUs in the specialty area of Administration.

Visit this course listing at www.halfmoonseminars.org for updates on pending credits.

Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

*This course is not approved for New York engineers or architects, or those licensed in states that required HSW content.

Speakers

Robert Herrmann

Robert Herrmann Principal, Offit Kurman Robert F. Herrmann is the Chair of Offit Kurman’s New York Construction Law Practice. He represents design professionals, and other construction-related firms, privately held businesses, and New York City housing cooperatives and condominiums. He acts as general counsel to architects, landscape architects, interior designers, lighting designers, engineers, owners, developers, and contractors, advising them on general business matters and representing them in litigation, arbitration, and mediation. 

Prior to joining Offit Kurman, Mr. Herrmann was, for thirty-four years, the managing partner of the New York City law firm of Menaker & Herrmann, where he advised some of the most prominent architecture and design firms in the country. 

Mr. Herrmann is a graduate of Yale College and Columbia Law School, where he was a Harlan Fiske Stone Scholar. He clerked for Judges Harold R. Medina and Sterry R. Waterman of the U.S. Court of Appeals and began his private practice career at Hughes Hubbard & Reed. He is a member of the Professional Practice Committee of the American Institute of Architects, New York Chapter. He is trained in mediation and is on the American Arbitration Association panel of construction mediators. He also serves as a mediator for the New York State Supreme Court, Commercial Division.  

Mr. Herrmann is an Adjunct Professor at the Columbia University School of Architecture, Planning, and Preservation where he teaches Advanced Professional Practice to third-year Master students. He has also led numerous seminars for design professionals on a variety of topics and currently serves as Chair of the Advisory Board of the Society of Design Administrators, New York Chapter. 

Wojciech "Voytek" Jackowski

Wojciech “Voytek” Jackowski Principal, Commercial Litigation Practice Group Chair, Offit Kurman P.A.
Mr. Jackowski’s practice focuses on commercial and corporate dispute resolution with an emphasis on achieving rational business solutions or cost-effective judicial resolutions of such disputes. In his practice, he often represents clients in transactional matters, and applies his litigation experience in advising clients and provides value-added services in structuring business, financial and legal terms for his construction industry clients. In addition to appearing in federal and state courts and before arbitration panels and administrative panels domestically, Mr. Jackowski has experience in international aspects of litigation. He has represented entities and individuals in cases involving trade and contract disputes, property loss claims, bankruptcy proceedings, construction issues, commodities and derivatives matters, white-collar crime, personal injury, and claims raising questions under federal labor law. Mr. Jackowski has extensive experience with disputes involving real estate, construction contracts, design and construction defects, and the representation of various real estate industry stakeholders in mediations, arbitrations, trials and appeals.  

Brian Jeffers

Brian Jeffers Attorney, Offit Kurman Brian Jeffers is a trial attorney whose practice is focused on construction law and commercial litigation. He counsels and represents owners, general contractors, architects, engineers, construction managers and subcontractors in all aspects of construction law. Mr. Jeffers regularly represents clients in complex commercial litigation involving corporate disputes, contracts, business torts, insurance coverage disputes and other commercial matters. He has further experience representing small and medium-sized financial institutions in enforcement, collection and workout matters. His construction and commercial practices have expanded into contract drafting, negotiation, enforcement and termination, as well as advising construction clients on changes in the work, defects, delays, inefficiencies and claims.

Mr. Jeffers has tried cases to verdict before both judges and juries, as well as conducting numerous hearings in dispute resolution forums. Having litigated numerous cases from initial case evaluation to final resolution, he recognizes the importance of providing an all-inclusive and practical strategy to achieve each client’s goals.

Peter F. Lindborg

Peter F. Lindborg  founding partner of Lindborg & Mazor LLP, where he 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. Mr. Lindborg has been lead counsel in numerous trials and arbitrations involving the prosecution and defense of multi-million dollar construction and real estate claims. He 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. Mr. Lindborg is a member of the American, California, New Mexico and Los Angeles County Bar Associations.

Steven Nudelman

Steven Nudelman Partner at Greenbaum, Rowe, Smith & Davis LLP (Red Bank, NJ)
Mr. Nudelman has represented members of the construction industry across a broad spectrum of matters for over 25 years. He works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the New Jersey and New York metropolitan area. Mr. Nudelman drafts, modifies and negotiates customized contracts, as well as contracts based on standard industry forms from groups such as the American Institute of Architects, Consensus Docs and Design Build Institute of America. 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, Mr. Nudelman 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.

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 Contract 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 ethical issues in construction contracting.

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, changes and change orders, 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 implement internal practices that promote contract compliance and ethical behavior.

LUs: 7.0                                                                                           LU Type: LU|HSWs.

Prerequisites: Some experience with design and construction contracting

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 12/13/2024

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: $329.00

DISCLAIMER

Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity. It’s your responsibility to determine whether or not this on-demand course meets your continuing education requirements.

You must take and pass a quiz in order to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz. Once the quiz is completed, you will be asked to download your certificate.

Videos that qualify for AIA, LACES, ASLA, or CLARB credit will require an extra week for processing.

Streamable MP4/PDF

Available approximately 1 week after the date of the live event or the date of your order, whichever is later.

To track your purchase you will need to create an account on the website using the email address used for your registration.

The video will have occasional question prompts that will not allow the video to progress unless they are answered. You will not be able to skip forward while watching the video.

If you attempt to resume watching the video on a separate device, your progress will not be saved.

Click the link which appears at the end of the video to be taken to the course quiz.

USB MP4/PDF

HalfMoon will mail these materials via USPS. Please allow 2 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The link to the quiz will be available in a PDF in your USB drive marked QUIZ.

HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.

Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org