Laws for Massachusetts Architects
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Log into Webinar
8:00 – 8:30 am EDT
Morning Session
8:30 – 11:40 am EDT
Break
11:40 am – 12:10 pm EDT
Afternoon Session
12:10 – 4:20 pm EDT
Agenda
Understanding the Law of Professional Liability
Understanding common sources of professional liability claims
• Breach of contract
• Negligence
• Strict liability
• Misrepresentation
• Fraud
Litigating professional liability cases
Insurance coverage issues
Strategies for preventing professional liability claims
The Architect’s Standard of Care
Definitions
Review of cases
Builder’s set of drawings
Shop drawings
Satisfying permit requirements
Understanding the Law of Architectural Copyright
Determining what information is copyrightable
Understanding the benefits of architectural copyright
Preserving your copyrights and preventing infringement of others’ copyrights
Architects and Construction Liens
Eligibility – tier and timing
Project type
Format / filing / amendment
Scope
Duration
Enforcement
Discharge
Overview of Contract Law for Architects
Understanding the basics of contract law
Standard forms of agreement
Negotiating contract terms
Contract documents and formation
Scope of services and changes
Risk allocation provisions
Making changes to contracts
Breach of contract
Dispute resolution
Complying with Massachusetts Rules of Professional Conduct
Ensuring competence
Complying with duty to report and cooperate
Avoiding conflicts of interest
Understanding responsibility for full disclosure
Preventing unauthorized practice
Understanding Massachusetts Building Design Law
Classification of buildings and structures
Contracts for services: what you agree to do
Engineering systems designed by architects: what can architects do?
Violations
Climate Change and Recent Developments in Massachusetts Law
The new Massachusetts Climate Change Law
Massachusetts Building Code review cycle
Anticipated changes in the 10th Edition
Stretch code, net zero
Changes in energy code development process
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
Architects
7.0 HSW CE Hours
AIA (AIA credits only available for attending live Webinar)
7.0 LU | HSW
Continuing Education Credit Information
This webinar is open to the public and offers 7.0 HSW
continuing education hours to architects licensed in
Massachusetts. This event is approved by the American
Institute of Architects Continuing Education System for
7.0 LU|HSW (Sponsor No. J885). Courses approved by the
AIA/CES qualify for Massachusetts architects. Only full
attendance can be reported to the AIA/CES.
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
Adam C. Benevides
Partner at Donovan Hatem LLP
Mr. Benevides focuses his practice on representing clients in a variety of complex civil litigation matters, including insurance and tort defense, premises liability, employment matters, construction litigation and professional malpractice litigation. He also counsels clients with respect to contract formation and risk management.
Jon C. Cowen
Partner at Donovan Hatem LLP
Mr. Cowen represents businesses and individuals facing a wide variety of matters involving complex litigation, breach of contract, duty of care, intra-corporate disputes, real estate and professional liability claims. In addition to his significant courtroom experience, he is a skilled negotiator and regularly represents clients in mediation. Mr. Cowen’s trial experience includes numerous appearances in the Massachusetts Appeals Courts. He has represented clients in jurisdictions across the country, including New York, California, Florida, Delaware and Nevada.
Patricia B. Gary
Counsel at Donovan Hatem LLP
Ms. Gary focuses her practice on the defense of professional liability actions against architects and engineers. She provides legal advice to construction project participants in drafting and negotiating their design and construction contracts. An experienced trial and appellate attorney, she also concentrates her practice in the area of insurance coverage litigation and advice. Ms. Gary is an editor and author of numerous books on construction law and is the lead editor and author of a new book, Climate Change and the Built Environment, to be published by ACEC in July 2021.
Eric A. Howard
Partner in the Boston office of Donovan Hatem LLP
Mr. Howard focuses his practice on representing clients in complex business disputes, including professional malpractice, construction, intellectual property rights, tort and commercial litigation matters. He has represented clients in state and federal courts, administrative and arbitration tribunals and mediations. Mr. Howard frequently provides risk management seminars regarding construction and commercial law topics.
Jennifer A. Lincoln
Associate of Donovan Hatem LLP
Ms. Lincoln concentrates primarily on representing design professionals. Her expertise includes composition and negotiation of complex contractual arrangements, including DB and Designer-led DB, EPC and EPCM agreements, RFPs, intellectual property, transfer and assignment agreements, project finance, FAR and termination and indemnity arrangements. Ms. Lincoln also focuses her practice on professional negligence claims and litigation. Prior to joining Donovan Hatem, she was counsel for a multi-national engineering and project management firm based in the Middle East. She is an Associate Fellow of the Construction Lawyers Society of America and has been ranked by Super Lawyers as a top-rated Rising Star in construction litigation in Boston for 2019, 2020, and 2021.
Brian C. Newberry
Partner at Donovan Hatem LLP
Mr. Newberry has represented a range of clients, large and small, in state and federal courts as well as in various alternative dispute resolution mediums. He concentrates his practice in cases involving shareholder disputes, business and tax litigation, architect and engineer liability, accounting and legal malpractice, insurance defense and class action suits. Admitted to practice in Rhode Island, Massachusetts and Connecticut, as well as on occasion pro hac vice in New Hampshire and Delaware, he has tried numerous cases in multiple states and a variety of forums. Mr. Newberry has argued multiple appeals before the Supreme Courts of Rhode Island and Delaware, the Appeals Court of Massachusetts and the First Circuit Court of Appeals.
Stephen F. Willig
Stephen F. Willig, Partner in Donovan Hatem LLP
Mr. Willig is with the Litigation department and has been defending professionals, business owners and contractors, and representing insurers, in commercial and casualty litigation for more than thirty years. During that time, he has litigated complex matters involving professional malpractice, director and officer liability, employee fidelity bonds, insurance coverage, contracts, government regulations and negligence.
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: Laws for Massachusetts Architects
Delivery Method: Live Online
Course Description: This seven-hour live lecture presentation examines a variety of legal concerns for Massachusetts architects, including avoiding practices that lead to liability claims, exceeding the architect’s standard of care, design contracts, adhering to architect ethical standards, complying with rules of professional conduct, state building design law, building codes, construction liens, copyright law and recent state laws intended to address climate change.
Learning Objectives:
Learning Objective 1:
Learners will be able to identify the common sources of professional liability actions that betray the trust of, and duty to the client, including breach of contract, misrepresentation, negligence and fraud.
Learning Objective 2:
Learners will be able to adhere to ethical standards in construction to ensure the client will be treated fairly and not taken advantage of. This includes the practice of honesty, integrity, fair-dealing, quality assurance, and contract compliance.
Learning Objective 3:
Learners will be able to comply with Massachusetts rules of professional conduct to protect the interest and welfare of the client/project owner, including ensuring competence, avoiding conflicts of interest, taking responsibility for full disclosure and avoiding unauthorized practice.
Learning Objective 4:
Learners will be able to discuss legal standards under contracts, how they impact clients and projects, and how they can facilitate efficient quality construction.
Learning Objective 5:
Learners will be able to discuss other matters of interest to architects, including complying with contract administration responsibilities, changes, determining project completion, and resolving disputes.
LUs: 7.0 LU Type: LU|HSWs.
Prerequisites: Experience with code compliance and the practice of architecture
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 07/20/2024
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.