Agenda

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

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

Thursday, February 10, 2022
9:00 am – 5:00 pm CST (incl. a 30-min break)

 

Agenda
Understanding Construction Contract Essentials                     G. Strong
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                     J. Haftek
Invitation
Bid form
Instructions
Bid bond
Information
Addenda

Reviewing Project Documents                     D. Utz
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                     V. Jackowski
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                     S. Nudelman
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                     S. Nudelman
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
(1 Ethics Hour)*

Architects:
7.0 Non-HSW CE Hours*

AIA:     (AIA credits only available for attending live Webinar)
7.0 LU| Elective
(No credit offered in New York)*

 

Continuing Education Credit Information
Construction Contract Workshop
This webinar is open to the public and offers 7.0 PDHs to professional engineers licensed in all states except New York, and 7.0 non-HSW continuing education hours to architects in all states that accept non-HSW coursework.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. E21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). Other states do not preapprove continuing education providers or courses. HalfMoon Education is not seeking approval for engineers or architects licensed in New York.

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.

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

Speakers

Joseph R. Haftek

Partner at Schenk, Price, Smith, & King, LLP (Florham Park, NJ)
Mr. Haftek has represented developers, general contractors, subcontractors, suppliers, construction professionals, design professionals and businesses in both state and federal courts. He has experience in handling all aspects of litigation, including prosecution and defense of bid protests, affirmative and construction lien claims; negotiating, drafting and reviewing contracts; collection services; public and school bid protest and contract law issues; and providing general legal advice and guidance for each phase of the construction process. Mr. Haftek is co-chair of the Firm’s Construction Law Practice Group, where he heads the Bid Protest Team, and he is a member of the School Law Practice Group. His knowledge and experience have also been recognized with opportunities as a lecturer to both lawyers and construction industry professionals on topics ranging from construction contracts to public bidding and bid protests.

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.  

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.

Gary Strong

Partner, Seiger Gfeller Laurie, LLP
Mr. Strong focuses his practice in the areas of construction litigation and professional malpractice defense including representation of design professionals, insurance brokers, real estate agents, lawyers, and accountants in the state and federal courts of New Jersey and New York. He has represented a variety of clients in the construction arena, including project owners, developers, design professionals, general and prime contractors, and specialty trade contractors, in all phases of construction and commercial litigation. Mr. Strong regularly counsels clients during pre-construction and construction phases on issues including contract negotiations, risk management, and disputes. His representation extends to both public and private projects, and addresses payment claims, delay, acceleration, design issues, lien law, bond claims, surety issues, defective work, and wrongful termination.

Diane C. Utz

Founder of Utz Construction Law, LLC (Denver, CO)
Ms. Utz’s practice focuses on construction litigation, insurance defense, surety representation, and government contracting in Washington, Idaho, Oregon, and Colorado. Her extensive construction field experience provides a unique, practical insight into the issues that can arise during the construction process. Ms. Utz holds a B.S. degree in Construction Management from Purdue University and a law degree from Seattle University School of Law. In addition to her legal practice, Ms. Utz is also the president of Artemis Construction Management, where she provides owner’s representative services for high-end home and commercial building construction.

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: 12/12/2024

Complaint Resolution Policy:

Complaints regarding this course can be emailed to tcase@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.