Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before the start time.
Tuesday, October 15, 2024
9:00 am – 5:00 pm CDT
Understanding Construction Contract Essentials
Presented by: Wojciech ‘Voytek’ Jackowski
- 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
Working With Bidding Documents
Presented by: Peter F. Lindborg
- Invitation
- Bid form
- Instructions
- Bid bond
- Information
- Addenda
Reviewing Project Documents
Presented by: Danielle E. 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.)
Handling Issues in Contract Administration
Presented by: Steven 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: Steven 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
Resolving Legal Issues and Contract Disputes
Presented by: W. Matthew Bryant
- 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
Engineers
7.0 PDHs*
Architects
7.0 Non-HSW CE Hours*
AIA - American Institute of Architects
7.0 LU|Elective
ICC - International Code Council
.7 CEUs (Administration)
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 that allow non-HSW coursework.
*This webinar is not approved in New York and other states that require HSW coursework.
HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider License No: CEA362), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00049300) and North Carolina (S-0130).
The American Institute of Architects Continuing Education System has approved this course for 7.0 elective (non-HSW) learning units (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 is not pre-approved by any licensing boards and may not qualify for the same credits; 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 LUs (AIA)
Speakers
W. Matthew Bryant
Counsel with Saul, Ewing, Arnstein & Lehr, LLPMr. Bryant focuses his practice on construction law. He writes and negotiates construction contracts for private and public projects, representing participants including owners, architects, engineers, general contractors, and subcontractors. Mr. Bryant resolves construction project performance and payment disputes, including surety bond claims and mechanics lien claims. He also represents owners and contractors in litigation matters including defense and prosecution of breach of contract, warranty, and construction defect claims. Mr. Bryant has defended design professionals against claims of professional negligence. He has written and spoken on many construction-related topics, including contract negotiation, public construction, and licensure of construction professionals. Among other organizations, he is a member of the Steering Committee of the American Bar Association Forum on Construction Law Division 7 for Insurance, Surety, and Liens.
Danielle Cohen
Tesser & CohenMs. Cohen is an attorney at Tesser & Cohen in Hackensack, New Jersey. 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 earned her B.A. degree from Rutgers University and her J.D. degree, cum laude, from New York Law School.
Wojciech “Voytek” Jackowski
Principal and Chair of the Commercial Litigation Practice (North); Offit Kurman, New York, NYMr. Jackowski is chair of the Commercial Litigation North practice at Offit Kurman. Voytek focuses on commercial and corporate dispute resolution, emphasizing rational or cost-effective business solutions. His diverse practice includes international facets of litigation and dispute resolution, and criminal and civil facets of various international income reporting obligations. 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. Before joining Offit Kurman, Mr. Jackowski was a partner in the New York law firm of Menaker & Herrmann LLP. Voytek began his career as a prosecutor and later became a Senior Assistant District Attorney with the Brooklyn District Attorney’s Office. He was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, corporate and individual income, and sales tax evasion. Mr. Jackowski frequently lectures and publishes articles on
construction law and litigation topics. He is active in numerous bar and industry associations, including the Construction Law Committee of the New York Building Congress, Building Owners Management Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is a member of the Construction Law Committee at the New York City Bar Association.
Peter F. Lindborg
Founding partner of Lindborg & Mazor LLP, Glendale, CAMr. Lindborg 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. He has been lead counsel in numerous trials and arbitrations involving the prosecution and defense of multi-million dollar construction and real estate claims. Mr. Lindborg 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. He is a member of the American, California, New Mexico and Los Angeles County Bar Associations.
Steven Nudelman
Partner at Greenbaum, Rowe, Smith & Davis LLP, Red Bank, NJMr. 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. His 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 Contracting
Delivery Method: Live Online
Course Description: This seven-hour course covers contract terminology, the types of construction contracts, the roles and relationships of project participants, bidding documents, issues in contract administration, dispute resolution and how to make a change to a construction contract.
Learning Objectives:
Learning Objective 1:
Learners will be able to define key contract terminology, describe the types of construction contracts and project delivery systems, and explain the roles and relationships of the project participants.
Learning Objective 2:
Learners will be able to discuss issues in contract administration related to insurance and indemnity, chain of command, substantial and final completion, subcontracts, and payments, and how to handle these issues.
Learning Objective 3:
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.
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.
LUs: 7.0 LU Type: LU|HSWs.
Prerequisites: None
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 07/22/2027
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.