Agenda

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

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

Wednesday, May 15, 2024
8:30 am – 4:30 pm CDT

 

Managing Risk in the Practice of Engineering   
Presented by: D. Quesada

  • Identifying engineering risks
  • Reviewing consequences of potential risks
  • Understanding principles of risk management
  • Complying with professional and ethical standards for engineers
  • Identifying strategies to minimize engineering risk and maximize positive results

Understanding How Contracts Can Shift, Reduce (or Increase) Risk
Presented by: K. Sherman

  • An overview of contract law and key concepts
  • Understanding contract formation and revision
  • Recognizing liability exposure under contract
  • Reviewing standard contract provisions and understanding their impact on risk
  • Guarantees, warranties and indemnities
  • Understanding consequences for delay, disruption, nonperformance, inadequate performance
  • Using contract terms to manage risk

Managing Risk with General Liability and Professional Liability Insurance Coverage
Presented by: E. Moore

  •  Architect & Engineers Professional liability Insurance history & availability
  •  Differences of general liability vs. professional liability coverage 
  • Architect & Engineers Professional Liability Insurance policy –
    Declarations, Insuring Agreement, Exclusions, Conditions, Definitions, Endorsements
  •  Certificates of insurance and Additional Insureds
  •  Indemnities
  • Warranties, Guarantees and Certifications and the Standard of Care
  •  Recognizing and responding to design professional claims with statistics

Law of Engineering Malpractice       
Presented by: S. Stoner

  • Reviewing the grounds for professional liability claims
  • Identifying who can bring a claim
  • Examining common sources of professional liability claims
  • Reviewing defenses to liability claims
  • Determining damages
  • Participating in dispute resolution: arbitration, mediation, litigation
  • Obtaining insurance coverage for professional liability claims

Reducing Risk for Yourself, Your Company and Your Clients         
Presented by: J. Case

  • Negotiating fair and understandable contract terms
  • Maintaining adequate documentation
  • Implementing document retention policies and procedures
  • Utilizing forms and standard documents
  • Communicating with clients and other parties
  • Implementing quality control practices
  • Using alternative dispute resolution procedures

Minimizing Risk by Maximizing Compliance with Rules of Professional Conduct 
Presented by: H. Hughes & B. Thomas

  • Complying with rules of professional conduct
  • Preventing conflicts of interest
  • Promoting health and welfare vs. managing risk: complementary or conflicting duties?
  • Protecting the environment: meeting or exceeding legal requirements
  • Watching the bottom line: identifying and balancing economic pressures in design and construction
  • Integrating new technologies: identifying and balancing the benefits and risks
  • Reviewing ethics case studies and hypotheticals

 

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
6.5 PDHs, Including 1.0 Ethics Hour*

*This webinar is not approved in New York and states which require HSW coursework; please refer to specific state rules to determine eligibility.

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.5 PDHs, including 1.0 ethics hour, for professional engineers in most states that allow non-HSW coursework. This webinar is not approved in New York and states which require HSW coursework; please refer to specific state rules to determine eligibility.

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. 24GP00000700) and North Carolina (S-0130).

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.

Speakers

James R. Case

Member Dykema

Mr. Case’s practice focuses on commercial, contract, construction, and surety law. In his construction practice, he has provided ongoing representation for numerous design professionals, general contractors, subcontractors, owners, and suppliers in a wide range of business matters, including defense and prosecution of claims relating to damages for delay, differing site conditions, construction change directives, owner interference, design errors/omissions, and contract interpretation in connection with public and private construction projects (commercial, institutional, and industrial). In his surety practice, Mr. Case represents sureties in large and small matters including defaults, litigation, and claims against performance and payment bonds. He serves on the American Arbitration Association’s National Roster of Arbitrators and Mediators, and the American Arbitration Association’s Large, Complex Case Panel. Mr. Case was ranked among The Best Lawyers in America®, by Woodward/ White, Inc.; was named a “Michigan Super Lawyer” by Thomson Reuters; and was rated a “Top Lawyer” by Dbusiness magazine.

Hayley M. Hughes

Associate Attorney with Gausnell, O’Keefe & Thomas, LLC in St. Louis, MO

Ms. Hughes engages in a variety of civil defense litigation ranging from general liability to professional liability, including complex litigation. She received her B.S. degree from Illinois College and her J.D. degree from St. Louis University School of Law. Given her business background as an undergraduate, Ms. Hughes brings an exceptional touch that complements the firm’s design and construction focus.

Eric A. Moore, CIC, LIC

Vice President Moore Insurance Services

Mr. Moore is a Certified Insurance Counselor and Licensed Insurance Counselor who has specialized in insuring architects, engineers, environmental consultants, and surveyors for over 25 years. He is past president of a/e ProNet, current chair of the City of Hillsdale Planning Commission, and trustee on the Hillsdale Community Schools Board of Education, and he is active with the Exchange Club of Hillsdale. Moore Insurance Services was founded in 1894 as the W.D. Taylor Agency, Charles L. Moore purchased the agency in 1968 and the Moore family has continued providing the professional and personal insurance service that William Dempster Taylor started 129 years ago.

Gary Quesada

Partner Cavanaugh & Quesada PLC

Mr. Quesada has been practicing law since 1993 and is admitted to all Michigan Courts and the U.S. District Courts of Michigan. His practice has been concentrated in the design and construction industries. He has represented architects, engineers, contractors, private construction owners, and public entities in business and construction law matters; contract, construction and property disputes; construction lien and bond claims and defense; professional malpractice; copyright, insurance claims and defense and government affairs. Mr. Quesada has been named an honorary affiliate member of the AIA, has been named one of Metro Detroit’s Top Lawyers by DBusiness Magazine, as well as a “Go To” lawyer for Construction Law by Michigan Lawyer’s Weekly. Mr. Quesada is also an arbitrator on the AAA construction and commercial panels.
In 2008, Mr. Quesada formed Cavanaugh & Quesada, PLC with his partner Peter Cavanaugh, located in Royal Oak, MI, where Mr. Quesada also serves as chair of the Royal Oak Planning Commission.

Kenneth A. Sherman

Member Prince Lobel Tye LLP in Boston, MA

Mr. Sherman is a member of Prince Lobel’s Construction and Business Transactions practice groups. He is an experienced construction attorney with significant construction transactional, consulting, and litigation experience. In this capacity, Mr. Sherman assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with real-time project consulting, drafting and negotiating all manner of construction agreements and forms, and with prosecuting and defending construction disputes. He advises clients during the construction delivery process, assisting with the drafting and review of all forms of design, construction, and consultant agreements. Mr. Sherman has experience preparing, negotiating, and amending the standard suite of industry form agreements (e.g., AIA, DBIA, and ConsensusDocs) and preparing other forms of agreement like EPC agreements, construction management agreements, surety forms, guaranteed maximum price contracts, purchase orders, master service agreements, and other ancillary documents used for, by, and with construction project owners and developers, construction management firms, subcontractors, design professionals, and material suppliers.

Scott D. Stoner

Partner Starr, Butler & Stoner, PLLC

Mr. Stoner has successfully defended claims against design professionals for design defects, tortious interference, failure to inspect, and damages for delay, and he has handled contractor claims and surety and lien claims. In addition, he frequently represents shareholders in various business disputes, including breach of fiduciary duty, fraud, and usurpation of corporate opportunity. Mr. Stoner has successfully tried cases in both state and federal courts. His contributions to the legal profession are not limited to the courtroom. He has lectured extensively on various risk management issues for design professionals on areas such as contract drafting, project documentation, claims handling, and other issues that typically arise during the course of a construction project. Mr. Stoner’s legal practice is centered on delivering the best possible legal outcome for his clients. He works to ensure that clients make solid and informed business decisions. He strives to educate clients on the law and to bring them as much information as necessary to ensure they make good business decisions. Mr. Stoner provides uncompromising legal representation for businesses and professionals. He relies on 25 years of experience in the legal field and a background of academic excellence. Mr. Stoner earned his Bachelor of Arts degrees in Economics and Political Science from Indiana University in 1993 and his Juris Doctorate degree from the University of Toledo College of Law in 1996.

William S. "Bill" Thomas

Co-Founder, Principal - Gausnell, O’Keefe & Thomas, LLC

Mr. Thomas is a co-founder and member of Gausnell, O’Keefe & Thomas, LLC, in St. Louis, Missouri, where he focuses his practice on handling matters involving the construction process, including up-front contract reviews, commercial litigation, professional liability defense and trial work. He has represented owners, contractors, subcontractors, architects, engineers, land surveyors and landscape architects in all phases of construction claims. He also handles product liability claims, other general commercial disputes, and general liability claims. He is licensed to practice law in Missouri and Illinois, the Federal Court of Claims, and several Federal Courts. He is a past president of the Lawyers Association of St. Louis, the local trial bar. Mr. Thomas is involved in many professional organizations, including the IADC and the Missouri Organization of Defense Lawyers. He is a member of the Defense Research Institute and its Construction Law Committee, Product Liability Committee, and Building Products – Substantive Litigation Group, and Professional Liability Committee, where he served on the Steering Committee, and Design Professional Subcommittee. Mr. Thomas is an associate member of the ASCE and the AIA and is a Fellow of the Construction Lawyers Society of America. He is recognized by U.S. News – Best Lawyers as a Best Lawyer in Construction Law and was honored as Lawyer of the Year in Construction-Litigation for 2022.