Agenda

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

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

Day One: Monday, May 8, 2023
11:00 am – 2:45 pm CDT (including a 15-min. break)
Day Two: Tuesday, May 9, 2023
11:00 am – 2:45 pm CDT (including a 15-min. break)

 

Presented by David L. Fine
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 emerging issues with construction contracts coming out of the pandemic 

 

Presented by Gregory Thompson and Chad J. Van Arnam 
Reviewing Bidding Documents 

  • Invitation
  • Bid form 
  • Instructions  
  • Bid bond
  • Information
  • Addenda 

 

Presented by Steven Nudelman
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

 

Presented by Kelley G. Albright 
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 

 

Presented by Paige B. Spratt and Joshua P. Dennis 
CT
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 

  

Presented by Roya H. Fohrer 
Reviewing Project Documents                                                                                     

  • Use of standard forms or custom documents
  • Agreement
  • Performance bond
  • Payment bond
  • Contract conditions (general and supplementary)
  • Contract modifications (change orders, directives, etc.)
  • Delays, acceleration
  • Handling payment claims and final payments
  • Resolving disputes through mediation, arbitration, litigation

 

 

 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*

AIA:
7.0 LU|Elective

International Code Council:
.7 CEUs (Energy)

*Not approved in New York and states which require HSW coursework

 

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 most states. This course is not approved in New York and states which require HSW coursework; 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 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 may not be eligible for the same credits as the live presentation; 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 Elective LUs (AIA)

Speakers

Kelley G. Albright

Parter at Dinsmore & Shohl LLP

Kelley G. Albright is a creative and effective trial attorney and counselor with more than a decade of experience serving the construction industry. She works closely with contractors, developers, material suppliers, and design professionals on all aspects of construction projects, from conception through completion, counseling them on each step of the process while keeping the big picture in mind. Her experience encompasses all areas of construction law, including construction defect litigation, lien law, bond law, building code violations, contract disputes, and contract review and drafting. In addition to her construction law experience, Ms. Albright also handles contract and complex commercial litigation disputes, business and real estate transactional projects, professional liability defense, land use litigation, and other property law disputes. Her clients include corporations, businesses, and non-profits, all of whom she has represented in state and federal court, appellate court, and administrative proceedings.

Joshua P. Dennis

Associate at Schwabe, Williamson & Wyatt PC

Joshua P. Dennis advises construction companies of all sizes through the many stages of the litigation process. He also has extensive experience representing employers through inspections and litigation arising out of state and federal OSHA enforcement actions. Mr. Dennis takes pride in his ability to add value to his clients’ businesses by seeking out creative and cost-effective solutions to otherwise complex problems. Prior to joining Schwabe, he was a litigator at a mid-sized Portland law firm where he gained experience in a variety of areas of law, including construction, personal injury, products liability and employment. Mr. Dennis also served as a law clerk for Magistrate Judge Bernard G. Skomal in the U.S. District Court for the Southern District of California.

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.

Steven Nudelman

Partner, Greenbaum, Rowe, Smith and 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.

Paige B. Spratt

Shareholder at Schwabe, Williamson & Wyatt PC.

Paige B. Spratt combines real world construction experience with legal know-how to help contractors find practical solutions to complex problems. Before attending law school, Ms. Spratt earned a degree in Construction Management and worked as a construction manager for two large commercial contractors and the world’s largest aerospace company. As a result, she is able to understand the business realities her clients face on a daily basis. Ms. Spratt handles arbitrations and lawsuits for issues ranging from lien foreclosures, construction claims, and public contracting to employment disputes and complex breach of contract claims. She strives to help her clients fully understand the litigation process and to present creative, practical solutions. Clients also turn to her for transactional assistance. Ms. Spratt focuses on achieving client goals and mitigating risk in construction contracts, purchase and sale agreements, services contracts, purchase orders, and other legal documents. She is proactive in ensuring that her clients fully understand the contracting process and can take ownership of contract terms. 

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.