Managing Engineering Liability and Risk in Kentucky
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 CDT
Morning Session
8:30 – 11:45 am CDT
Break
11:45 am – 12:15 pm CDT
Afternoon Session
12:15 – 4:00 pm CDT
Managing Risk in the Practice of Engineering C. Welch
Identifying engineering risks D. Staples
Reviewing consequences of potential risks
Understanding principles of risk management
Complying with professional and ethical standards for Kentucky engineers
Identifying strategies to minimize engineering risk and maximize positive results
Understanding How Contracts Can Shift, J. Hays
Reduce (or Increase) Risk P. Estill
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
Complying with Kentucky Laws and Regulations Requiring J. Hays
Engineering Work be Performed or Supervised by Engineers
Kentucky laws that regulate the composition of engineering firms
Regulations on responsible charge of engineering work
Rules on sealing of engineering documents
Law of Engineering Malpractice M. Cave
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 E. Pempus
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 E. Pempus
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: 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
Professional Engineers
6.5 PDHs,
including 1.0 Ethics Hour
Continuing Education Credit Information
This webinar offers 6.5 PDHs, including 1.0 ethics hour, to professional engineers licensed in Kentucky. Educators and courses are not subject to preapproval in Kentucky.
Professional engineers seeking professional development/continuing education credit in other states will be able to claim the hours earned at this webinar, in many cases. Refer to specific state rules to determine eligibility.
Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Speakers
Meredith Cave
Kinkead & Stilz
Ms. Cave is a graduate of Georgetown College and the University of Kentucky College of Law. She practices civil defense litigation at Kinkead & Stilz PLLC where she specializes in professional malpractice defense. When not working with the professional malpractice team defending physicians, engineers, accountants and the like, she practices corporate litigation, addresses labor and employment concerns, quells real estate disputes, drafts and negotiates various contracts, and successfully engages in conflict resolution.
Patrick F. Estill
Jackson Kelly PLLC
Mr. Estill focuses his practice on construction and business law. He has a wide array of experience in construction transactions, drafting and negotiating contracts and other project-related documents for owners, contractors, and consultants and routinely advising on risk-allocation in projects. He also has extensive experience in procurement matters, including under Kentucky’s public-private partnership laws. Additionally, Mr. Estill has extensive experience in business litigation and commercial law matters. Mr. Estill uses his multidisciplinary experience to better serve clients’ interests and solve legal problems in the most efficient way possible. He particularly enjoys drawing on his litigation experience to draft better contracts and guard against risk for construction and other business clients. He also enjoys learning a client’s business so that he can deliver valued advice that truly reflects and
furthers his clients’ goals.
John W. Hays
Jackson Kelly PLLC
John W. Hays is a Member in the Lexington, Kentucky office of Jackson Kelly PLLC. Mr. Hays’ practice is primarily focused on construction litigation, contracts, and commercial litigation. He also has extensive training and experience as a mediator in construction, commercial, employment and personal injury disputes. He is a member of the National Academy of Distinguished Neutrals and is arbitrator and mediator on the Commercial Arbitration Panel for the American Arbitration Association. He is a frequent author and lecturer on topics related to construction and alternative dispute resolution.
Mr. Hays is admitted to practice before the United States Court of Appeals for the Sixth Circuit and all state and federal courts within the Commonwealth of Kentucky. He is a member of the Fayette, Kentucky and American Bar Associations and is active in the ABA Forum for the Construction Industry and KBA Section on Construction and Public Contract Law. Mr. Hays is also a member of the ADR Section of the KBA, is a past chair of the Mediation Center of Kentucky and is a past president of the Mediation Association of Kentucky.
Mr. Hays received his undergraduate degree from Princeton University in 1985 and his Juris Doctor, with distinction, from the University of Kentucky in 1988. He was a member of the Kentucky Law Journal and graduated Order of the Coif. Mr. Hays has an AV Preeminent rating by Martindale-Hubbell and has been named Kentucky Super Lawyers® list since 2009 and in Woodward/White’s The Best Lawyers in America® in the practice area of Construction Law since 2013. He was named Best Lawyers’ 2021, 2018, and 2016 “Lawyer of the Year” in Lexington for Construction Law.
Eric O. Pempus, FAIA, Esq., NCARB
DesignPro Insurance Group-A Wichert Insurance AgencyMr. Pempus has been a risk manager for more than 18 years, with 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 had 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 is a licensed architect, attorney and property and casualty insurance agent.
Drake W. Staples
Stites & Harbison PLLC
Mr. Staples is an attorney in the firm’s Lexington, Kentucky, office and a member of the Construction Service Group. He routinely advocates for clients across a wide range of businesses and industries and has extensive experience researching, drafting and arguing substantive motions, and preparing for mediation and complex commercial litigation in federal and state trial and appellate courts, as well as in arbitration proceedings.
Cassandra L. Welch
Stites & Harbison PLLC
Ms. Welch is an attorney in the firm’s Covington, Kentucky, office and is a member of the Construction Service Group. Ms. Welch’s practice focuses primarily on litigation. She is licensed to practice law in Ohio and Kentucky.