Agenda

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

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

Thursday, July 22, 2021
8:30 am – 5:00 pm EDT (incl. a 30 min. break)

Presented by:
Kenneth W. Lee and  Christopher E. Fisher


Public Procurement Law Applicable to Public

Construction Contracting
What is public construction contract?
Why are public contracts treated differently?
Commonwealth procurement code
• To whom it applies/does not apply
• Components of the code
Law applicable to non-commonwealth public entities
Types of public construction contracts
• Design-award-build contracts
• Fast-track contracts
• Build-operate transfer contracts
• Design-build and turnkey contracts
• Best value contracts
• Value engineering

Design Professional Contracts and Project Management
Statutory requirements for professional services
Key elements in design services contracts
Teaming agreements
Joint venture agreements

Bidding on Pennsylvania Public Contracts
Overview of bidding requirements and procedures
Competitive bidding
Responsive and responsible bidders
Multi-prime contacts
Bidding under the code
Bid protests
Appeals and judicial review of bid protests

Construction Contracts – Understanding Key Provisions
Payment
Scheduling
Changes and modifications
Damages
Claims and disputes
Indemnification
Risk allocation
Insurance and surety
Permits
Relationships with other parties
Termination

Contractor Claims and Damages
Types of claims
Delay, suspension and interference
Acceleration
Extra or additional work
Misrepresentation
Calculating damages
Documenting the claim
Recovery preclusion
• Contractual provisions
• Statutory limitations and sovereign immunity
• Spoliation of evidence doctrine

Labor and Employment Laws
Health and safety laws and requirements
Labor laws and equal employment opportunity requirements
Prevailing wage
E-Verify

Dispute Resolution
Mediation
Arbitration
Pennsylvania Board of Claims
Litigation in court
Performance and payment bond claims

Ethical Issues in Government Construction Law
Conflicts of interest
Gifts and favors
Designer’s preclusion


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 will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.

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:
7.5 PDHs

Architects:
7.5 CE Hours

AIA:    (AIA credits only available for attending live Webinar)
7.5 LU| Elective

International Code Council:
.75 CEUs (Administration)

Contractors:
Non-Credit Continuing Ed.


Continuing Education Credit Information
This webinar is open to the public and offers 7.5 PDHs to professional engineers and 7.5 non-mandatory continuing education hours to architects licensed in Pennsylvania. Educators and courses are not subject to pre-approval in Pennsylvania.

The American Institute of Architects Continuing Education System has approved this course for 7.5 LU| Elective (Sponsor No. J885). Only full attendance is reportable to the AIA/CES.

The International Code Council has approved this event for .75 CEUs in the specialty area of Administration (Preferred Provider No. 1232).

This course offers a non-credit continuing education opportunity to construction contractors. It has not been approved by any contractor licensing entity for mandatory continuing education credit.

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

Speakers

Christopher E. Fisher

Christopher E. Fisher is a founding member of Saidis, Shultz & Fisher, and has been serving the legal needs of a wide variety of clients for more than 15 years. His clients range from the individual facing their first legal concern, to multi-million-dollar organizations and government agencies. Mr. Fisher’s litigation experience includes negotiations, arbitrations, mediations, administrative proceedings, County Courts, Federal Courts, Bankruptcy Courts and Appellate Courts in Pennsylvania and New Jersey, as well as numerous other jurisdictions where he has been admitted to handle specific cases. His experience also allows him to assist clients in navigating their business activities through the myriad of legal issues facing today’s businesses. Mr. Fisher’s business clients include charitable and religious organizations, construction and trade organizations, financial and banking institutions, professional firms and agencies, real estate investors, manufacturers, health services, wealth advisors, auctioneering and the services industry. He is a member of the Pennsylvania, Cumberland County and Dauphin County Bar Associations. Mr. Fisher is licensed to practice in Pennsylvania and New Jersey. He earned his law degree from Widener University School of Law – Harrisburg, in 2005, and his undergraduate degree from the University of Nevada –
Las Vegas.

Kenneth Lee

POST & SCHELL PC

Mr. Lee practices in construction law, government contracts, construction litigation, real estate law and municipal law. He represents owners, contractors, subcontractors and surety providers in all fields of the construction industry. Mr. Lee has handled litigation (including mechanics’ liens) matters in numerous state and federal courts including certain states’ specialized courts such as the Pennsylvania Board of Claims and the West Virginia Court of Claims. In addition, he has tried cases before the American Arbitration Association, the Federal Mediation Service and “private” dispute panels. Mr. Lee redrafted the Contracts Section of the Pennsylvania Standard Jury Instructions (2003 Ed.), published by the Pennsylvania Bar Institute. He received his B.A. degree from Gettysburg College, his M.A. degree from Villanova University and his J.D. degree from the University of Pittsburgh, and he is a graduate of The Mercersburg Academy. Every year since 2005 Mr. Lee has been selected by his peers as a Pennsylvania Super Lawyer and for inclusion in The Best Lawyers In America. He is a member of the Surety and Contract Committees for the Associated General Contractors of America; the Associated Pennsylvania Constructors, the Constructors Association of Western Pennsylvania, the Pennsylvania Bar Association, and the Allegheny, Dauphin and Cumberland Bar Associations.

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 Law for Pennsylvania Public Projects

Delivery Method: Live Online

Course Description:  This course examines public contracting, public contract documents, the Pennsylvania Commonwealth Procurement Code, statutory requirements for professional services, bidding requirements and procedures, key contract provisions, contractor claims and damages, labor and employment laws, dispute resolution, and ethical issues in government construction law.

Learning Objectives:

Learning Objective 1:
Learners will be able to explain what a public construction contract is and why they are treated differently than other construction contracts. Learners will be able to identify and differentiate the types of public construction contracts.

Learning Objective 2:
Learners will be able to discuss statutory requirements for public construction professional services, and they will be able to identify and describe key elements in design service contracts.

Learning Objective 3:
Learners will be able to explain bidding requirements and procedures for public projects, and they will be able to discuss contractor claims and damages issues common to public projects.

Learning Objective 4:
Learners will be able to describe dispute resolution procedures available for Pennsylvania public projects, as well as identifying and avoiding ethical pitfalls in government contracting.

LUs: 7.5                                                                                              LU Type: LU|HSWs.

Prerequisites: Experience with construction contracts and contracting

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date:  05/14/2024

Complaint Resolution Policy:

Complaints regarding this course can be emailed to doug@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.

Webinar Price: $289.00