Managing Engineering Liability and Risk in Georgia
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Friday, September 30, 2022
9:00 am – 4:30 pm EDT (including a 60-min. break)
Contract Law Primer for Engineers
Reviewing the necessary elements of any contract
Understanding contract “legalese”
• Determining performance
• What constitutes a breach of contract?
• What are damages and remedies?
• Liability-shifting contract provisions: warranties, guarantees and indemnities
Making changes to contracts
Professional Liability Law
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
Participating in dispute resolution: arbitration, mediation, litigation
Obtaining insurance coverage for professional liability claims
Reducing Risk for Yourself, Your Company and Your Clients
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
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: balancing economic pressures in design and construction
Integrating new technologies: balancing benefits and risks
Reviewing ethics case studies and hypotheticals
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 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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Internet Explorer v11 (or later) with Flash enabled
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Continuing Education Credit Information
This course is open to the public and is designed to qualify for 6.0 PDHs for professional engineers licensed in Georgia. The Board 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).
S. Jake Carroll
S. Jake Carroll, Attorney, Nelson Mullins
Jake represents and advises clients in the construction, manufacturing, and real estate industries in business disputes, commercial transactions, and related corporate matters. Jake’s construction practice encompasses representation of contractors, subcontractors, public and private owners, architectural and engineering firms, and sureties in a variety of disputes involving contracts, business torts, multi-party construction defects, and in negotiating construction contracts and related agreements. Jake pursues and defends lien, payment bond, and performance bond claims on behalf of owners, contractors, and sureties. Jake co-authored the most recent edition of the Georgia Construction Law Handbook, a leading treatise, and is an active member of the Construction Section of the Atlanta Bar Association. Jake also advises businesses in commercial and financial disputes involving breach of contract, breach of warranty, business torts, and equipment dealer statutes. Jake applies his industry knowledge to also represent construction and manufacturing clients as creditors in insolvency litigation and bankruptcy matters. Recognizing that traditional litigation is not always in the client’s best interest, Jake negotiates pre-dispute settlements and represents clients in mediations, early neutral evaluations, and arbitrations.
Eric O. Pempus, FAIA, Esq., NCARBDesignPro Insurance Group-A Wichert Insurance Agency
Eric O. Pempus, is Risk Manager for Architects & Engineers at DesignPro Insurance Group. Mr. Pempus has been a risk manager for more than 18 years. He has experience in architecture, engineering, land use, law and professional liability insurance, and a unique and well-rounded background in the construction industry. Prior to risk management, he has 25 years of experience in the practice of architecture and engineering, and as an adjunct professor teaching professional practice courses at the undergraduate and graduate levels for the last 35 years. As a Fellow of the American Institute of Architects and AIA National Ethics Council 2021 Chair, he has demonstrated his impact on architectural profession. He has presented numerous loss prevention and continuing educational programs to design professionals in various venues across the United States and Canada.
Richard J. Storrs
Richard J. Storrs Attorney, The Storrs Law Firm
Richard J. Storrs practices law and serves as an ADR professional in Atlanta, Georgia, at The Storrs Law Firm. He has practiced construction law and commercial litigation in Atlanta since 1984. Mr. Storrs is known for being a creative and experienced mediator, focusing on resolving construction and commercial disputes. He also serves as a respected arbitrator in construction and commercial matters. Mr. Storrs also continues to represent clients in construction law matters, commercial litigation, and real estate issues. He also assists with forming and structuring organizations, drafting agreements, and avoiding disputes before they arise. Mr. Storrs has taught design and construction law since 2006 at Georgia Tech, and at the law schools at the University of Georgia and Georgia State University. He has appeared at numerous seminars and has written extensively about construction law issues. His publications include authoring chapters since 2012 on no damage for delay clauses and surety law in the annual Construction Law Update. Mr. Storrs received his undergraduate and law degrees from the University of Georgia, where he graduated with honors and served as a notes editor of the Georgia Law Review.
Neil L. Wilcove
Neil Wilcove Attorney, Miller Martin
Neil Wilcove is a commercial litigator focusing on the construction industry in all aspects of construction disputes. Representing contractors, subcontractors, owners, architects, engineers and material suppliers, he handles such matters as payment disputes and delay claims, as well as construction and design defect cases. Neil also assists his clients in negotiating and drafting construction contracts. Further demonstration of his commitment and understanding to the construction industry is Neil’s service as Legal Counsel for Associated Builders and Contractors of Georgia, Inc. and as Legal Counsel and an Executive Committee Member with Georgia Built. He is a published author with several articles on construction litigation and contract topics appearing in Tools of the Trade and Construction Executive magazines. Neil’s commercial litigation practice focuses on the manufacturing sector in payment disputes, impact and delay claims, as well as construction and design defect cases. He assists clients with product recalls, consumer complaints and media inquiries. He also assists clients with negotiating and drafting supply and end-user agreements. His real estate practice includes all facets of real estate disputes, including real estate malpractice claims against attorneys, title examiners, real estate agents and property managers, along with assisting clients with drafting and negotiating real estate and management agreements.