Agenda

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

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

Wednesday, November 1, 2023
9:00 am – 5:00 pm CDT


Understanding Construction Contract Essentials

Presented by: R. Sherman

  • 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
Presented by: M. Lakind

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

Reviewing Project Documents
Presented by: D. Cohen

  • 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
Presented by: S. 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: S. 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

Examining Legal Issues and Contract Disputes
Presented by: L. Johnson

  • Changed conditions
  • Project documentation
  • Delays, acceleration
  • Handling payment claims and final payments
  • Resolving disputes through mediation, arbitration, litigation
  • Understanding contractual and statutory warranties

 
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 LUs*

International Code Council:
.7 CEUs (Administration)

* Does not qualify in 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 continuing education hours for licensed architects in all states that allow non-HSW course content. This course is not approved in New York or 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. 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 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 HSW LUs (AIA)

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. 

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.

Matthew Lakind

Partner at Tesser & Cohen, Hackensack, NJ

Mr. Lakind’s practice focuses on construction law including construction defect litigation, Consumer Fraud Act claims, equitable adjustment/delay claims, insurance issues related to construction, construction lien law, public bid protests, professional malpractice claims involving design professionals, and negligence/tort claims arising out of construction projects. Mr. Lakind also drafts and negotiates contracts for a wide array of construction projects, including large public and commercial projects, solar power installations under Master Service Agreements, and residential contracts. Mr. Lakind handles all aspects of construction related litigation, including trials, depositions, motion hearings, and navigating the discovery process. He has tried several cases to conclusion both in the Superior Court of New Jersey and before the American Arbitration Association. Those cases involved issues over environmental remediation, defective work, the New Jersey Prompt Payment Act, and personal injury claims. Mr. Lakind has ample experience practicing before the New Jersey Appellate Division, having briefed and argued on a variety of issues including public bid protests, insurance coverage, and the effect of arbitration clauses in construction contracts. Mr. Lakind has been practicing law since 2006 and is admitted to the Bar in both New York and New Jersey.

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.

Ryan P. Sherman

Porter Wright Morris & Arthur, LLP, Columbus, OH

Mr. Sherman is a partner in Porter Wright’s litigation department and co-chairs the firm’s construction practice group. He concentrates his practice on complex commercial disputes, with a particular focus on construction matters. Mr. Sherman regularly represents owners, contractors, subcontractors, suppliers, and architects/engineers in contract matters, disputes, and litigation. He has been recognized by Chambers USA as a “Leader in the Field” for general commercial litigation, which described him as “one of the next generation of leading Ohio litigators.” Mr. Sherman has also been recognized as a Super Lawyers Rising Star every year since 2009. He received a B.A. degree from The Ohio State University and a J.D. degree from The Ohio State University Michael E. Moritz College of Law. Mr. Sherman is a member of the American Bar Association’s Forum on Construction Law, the Columbus Bar Association’s Construction Law Committee, and the Builders Exchange of Central Ohio.

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.