Agenda

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

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

Thursday, December 1, 2022 
8:30 am – 4:30 pm CST (including a 30-min. break)

 

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, time 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

Making Changes to Construction Contracts
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

 

 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

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 New York architects and engineers and
in other states that do not allow non-HSW hours

 

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 non-HSW continuing education hours for licensed architects in all states that allow 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.

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

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).

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

Danielle E. Cohen

Attorney at Tesser & Cohen in Hackensack, NJ

Ms. Cohen focuses her practice on construction litigation and condominium association law. She has represented a diverse range of construction clients, including owners, general contractors, subcontractors and material suppliers. Ms. Cohen has been involved in both prosecuting and defending claims on private and public projects in New Jersey and New York, including delay claims, construction lien and mechanic’s lien foreclosure actions, defective work claims, bond claims, prompt payment act claims and trust fund issues. She has also represented condominium associations in the prosecution of construction defect claims, as well as assisted condominium associations with general condominium matters. Ms. Cohen is listed in the New Jersey editions of Super Lawyers, Rising Stars from 2014 through 2021 and in the New Jersey editions of Super Lawyers for 2022 in the field of construction law. Ms. Cohen is the Co-Chair of the New Jersey State Bar Association, Construction Law Section. 

John J. Gazzola

John J. Gazzola is an Associate at Troutman Pepper Hamilton Sanders LLP’s Philadelphia office. Mr. Gazzola’s practice focuses on litigation and arbitration associated with construction projects. He represents project owners, EPC contractors, construction managers, general contractors, subcontractors, and material suppliers in disputes arising from a wide array of construction projects, including mass transit systems, pipelines, colleges and universities, medical facilities, senior living facilities, museums, quarries, hotels, and other large commercial buildings. In addition to representing clients in state and federal court, arbitration proceedings, and appellate matters, he assists clients with contract drafting, review, and negotiation. Mr. Gazzola also provides counsel on issues arising throughout the lifetime of construction projects, including preservation of claims and defenses, dispute avoidance, negotiations, and formal and informal dispute resolution. Mr. Gazzola has substantial experience litigating and defending mechanics’ lien actions and issues.

Lindsay T. Johnson

Associate at Tarter Krinsky & Drogin LLP Constuction Practice, New York, NY

Ms. Johnson represents architects, engineers, interior designers, and other design professionals as well as individual property owners, real estate developers, and related clients with operations in the construction sector. Ms. Johnson’s practice focuses on transactional drafting for construction projects. She is experienced in working with AIA documents, design contracts, real property agreements, commercial leases, and numerous other forms of agreement between stakeholders in the real estate and construction industry. Ms. Johnson regularly advises design clients on matters involving professional licensure compliance, project dispute resolution, risk management, negotiating access agreements, and mechanic’s lien filings. Additionally, she provides general counseling advice to construction & design clients, visual artists, and retail startups seeking to protect and enforce their intellectual property rights. Prior to joining Tarter Krinsky & Drogin, Ms. Johnson ran her own practice as a solo construction attorney for two years. Before that, she was an associate attorney in the construction law practice group at Offit Kurman.

Vic L. Mcconnell

Vic L. McConnell is a Partner with Smith Cashion & Orr, PLC in Nashville, TN. Mr. McConnell represents owners, developers, contractors, and design professionals and concentrates his practice in the areas of construction litigation and design professional defense. He received a Bachelor’s degree in Civil Engineering from Auburn University and a Master of Science degree in Civil/Environmental Engineering from the University of Alabama at Birmingham. Mr. McConnell also received a Master of Science degree in Environmental Management from Samford University and a J.D. degree from Samford’s Cumberland School of Law. Prior to obtaining his law degree, Mr. McConnell worked in the construction industry as a design engineer/project manager with several engineering-consulting firms in the southeast. Mr. McConnell is a registered professional engineer and a LEED® AP. Furthermore, he is a member of the Tennessee Society of Professional Engineers Nashville Chapter, is a Board Member of AGC of Tennessee, and has served as board member and president of the Tennessee Association of Construction Counsel. Mr. McConnell has co-authored several publications related to construction law including the Tennessee chapter of State-by-State Guide to Construction Contracts and Claims (Aspen Publishers). Mr. McConnell also teaches Construction Law and Contracts as an adjunct professor for Vanderbilt University’s School of Engineering. 

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.

Gregory Thompson

Litigation and Construction Group partner at Hahn Loeser & Parks LLP

Gregory A. Thompson, is experienced across multiple industries, with a concentration on the construction and manufacturing sectors. He has successfully pursued and defended multi-million-dollar claims involving delays, extra and changed work, and construction defects on both public and private projects.  Mr. Thompson regularly represents general contractors, construction managers, sureties, specialty subcontractors, and suppliers.  He is honored as an Ohio Super Lawyers® 2022 “Rising Star” and by Best Lawyers as “Ones to Watch.” Mr. Thompson earned his J.D., magna cum laude, from the University of Akron School of Law in 2012.

Chad J. Van Arnam

Director of Construction Services at Hahn Loeser & Parks LLP

Chad J. Van Arnam, has nearly 20 years of experience in delivering well-coordinated and complex projects in commercial and healthcare markets.  He partners with the firm’s attorneys and clients to execute construction project management and related risk management procedures.  Mr. Van Arnam has significant experience in overseeing projects from the pre-planning phase of budgeting, bidding, and resource planning, throughout the construction and turnover phase.  He has substantial healthcare training through ASHRAE and is ICRA Certified.  Mr. Van Arnam is also OSHA-30 hour certified and is a LEED accredited professional.  He earned a bachelor’s degree in Construction Engineering Technology from the University of Akron.

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 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.