Legal, Regulatory and Ethical Issues for Texas Civil Engineers
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Thursday, November 17, 2022
8:30 am – 5:00 pm CST (including a 60-min. break)
Marcela Abadi Rhoads, AIA RAS
Mary Hazlewood Barkley
Benjamin D. Mathews
Larry W. Johnson
Grant J. Nicar
Olaide A. Banks
Understanding and Complying with Barrier-Free Requirements in Outdoor Spaces
TDLR Registration requirements and due dates
• When is registration required?
• Registering a project
• Due dates
ADA requirements and common violations for exterior elements for site arrival points and accessible route
• Curb ramps
• Handrail extensions
• Door clearances
Eminent Domain and Condemnation Law
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Participating in the condemnation process
Appealing a condemnation decision
Understanding regulatory “takings” and inverse condemnation
Water Rights and Regulation
Understanding the basics of Texas water law
Water rights and disputes
Regulation of water quality
Reviewing regulations and procedures impacting construction
Managing Civil Engineering Liability and Risk
Reviewing common professional liability causes of action:
• Breach of contract, negligence, strict liability, fraud, misrepresentation
Understanding civil engineer’s contractual duties and obligations
Identifying to whom the engineer owes a duty and who are potential claimants
Utilizing contractual provisions to minimize risk and exposure
Complying with the standard of care
Reviewing common defenses to liability
Participating in the liability claims process and in liability litigation
Understanding the Investigatory and Disciplinary Practices of the Texas Board of Professional Engineers
Understanding the Board’s disciplinary powers
Reviewing prohibited practices and grounds for disciplinary action
Administrative and other penalties and enforcement
Handling Ethical Issues in Civil Engineering Practice
Promoting health and welfare vs. managing risk: complimentary or conflicting duties?
Protecting the environment: meeting or exceeding legal requirements
Watching the bottom line: identifying economic pressures in design and construction
Integrating new technologies: identifying benefits and risks
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.
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7.0 PDHs, including 1.0 Ethics Hour
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 7.0 PDHs, including 1.0 ethics our for professional engineers in Texas.
The Texas Board of Professional Engineers and Land Surveyors (TBPELS) does not pre-approve continuing education courses or providers.
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).
Marcela Abadi Rhoads
Abadi Accessibility is an accessibility consulting firm that is dedicated to educating the building industry about the laws of accessibility. Marcela Abadi Rhoads received her Bachelor of Architecture degree from the University of Texas in Austin and is a registered architect in Texas and an accessibility specialist. She assists the building industry, in part, by performing plan reviews and inspection for Texas Accessibility Standards and producing a monthly newsletter to educate on the best way to apply the standards to architectural projects. Ms. Rhoads is the author of The ADA Companion Guide and Applying the ADA published by John Wiley and Sons.
Olaide A. BanksPrincipal Attorney at Banks & Associates, PLLC
Olaide A. Banks is the principal attorney at Banks & Associates, PLLC, a Houston-based law firm focused on meeting the needs of government and construction contractors throughout Texas. He is a trusted advisor for licensed professionals, CEOs and managers in construction firms, and government contractors. Mr. Banks was licensed as a CPA in 2003 and has more than 20 years of experience as a lead accountant and CFO for successful government contractors. He earned his B.B.A. degree with a double major in Accounting and Finance from the Bauer College of Business at the University of Houston, and secured his J.D. degree from South Texas College of Law. Mr. Banks is a member of the State Bar of Texas, the Association of Corporate Counsel and the American Institute of Certified Public Accountants (AICPA). Mr. Banks is a member of the Construction Law Section of the State Bar of Texas.
Mary Hazelwood Barkley
Mary Hazelwood Barkley is a partner at Cantey Hanger LLP, where she has worked for the past 13 years and specializes in real estate litigation, including eminent domain. Ms. Barkley represents both condemning authorities and landowners in easement matters, regulatory takings, inverse condemnation, and statutory condemnation both at trial and on appeal.
Larry W. Johnson
Larry W. Johnson Attorney at Cobb Martinez Woodward
Mr. Johnson focuses his practice on the defense of design professionals in state and federal courts and in arbitration proceedings. He also provides contractual negotiation assistance for his clients, assisting them in managing future risk and providing early resolution of potential legal issues. Mr. Johnson seeks a reasoned approach to litigation that balances strategy and action based on the individual claim and the client’s objectives. He is a member of the State Bar of Texas, the Dallas Bar Association, and Federation of Defense & Corporate Counsel.
Benjamin D. Mathews
Benjamin D. Mathews is an attorney at Mathews & Freeland, LLP in Austin. Mr. Mathews practices in the areas of environmental, natural resources and public utility law. He serves a diverse mix of clients including municipalities, public utilities, land owners and home and ranch owners associations. Mr. Mathews’s representation involves both compliance counseling and litigation before state and federal administrative agencies, including the Texas Commission on Environmental Quality, Public Utility Commission of Texas, the United States Environmental Protection Agency and before State and federal courts.
Grant J. NicarConstruction Attorney with Allensworth in Austin, Texas
Mr. Nicar’s practice is primarily focused on helping architects, engineers, contractors, and owners resolve construction disputes. His approach to dispute resolution is fueled by a blend of important skills. The first is hands-on courtroom experience—and the willingness to stand by his client’s side until the dispute is resolved—through trial, arbitration, or any appeals. The second is his talent for crafting litigation strategies that seek to short-circuit and resolve construction disputes through meticulous research and preparation. Utilizing this combination, Mr. Nicar guides his clients in a way that is both fearless and smart. He helps get the results his clients need, while seeking to minimize the amount of time, effort, and resources required to get there.