Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Tuesday, January 10, 2023
8:30 am – 4:15 pm EST (including a 60-min. break)
Managing Risk in the Practice of Engineering
Identifying engineering risks
Reviewing consequences of potential risks
Understanding principles of risk management
Complying with professional and ethical standards for Maryland engineers
Identifying strategies to minimize engineering risk and maximize positive results
Understanding How Contracts Can Shift, Reduce or Increase Risk
• Overview of contract law and key concepts
• Understanding contract formation and revision
• Standard form agreements
• Common issues
• Scope of services
• Limitation of liability
• Dispute resolution
Law of Engineering Malpractice
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
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: 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
Managing Risk with General Liability and Professional Liability Insurance Coverage
Coverage provided by general liability vs. professional liability policies
Certificates of insurance and additional insureds
Warranties, guarantees and certifications
Recognizing and responding to design professional 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
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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Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
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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
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6.0 PDHs, Including 1.0 Ethics PDH
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.0 PDHs, including 1.0 ethics PDH for professional engineers in Maryland. HalfMoon Education is an approved continuing education sponsor for engineers in Maryland.
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).
Rebecca Bowman, Esq., P.E., D.F.E.Attorney at Law Office of Rebecca Bowman, Principal
Ms. Bowman is a sole proprietor, practicing in dispute resolution, estate planning, civil engineering, real estate, legal services, strategic development, and training. She is experienced in dispute resolution, estate planning and administration, engineering design and forensic analysis, construction/project management, real estate, small business start-up, employment law, and nonprofit support. She is a registered professional engineer and a certified arbitrator and mediator. Mrs. Bowman writes a column for the PE Reporter, “Risky Business,” and she lectures for the Community College of Allegheny County, Pennsylvania State University, the Washington County Bar Association, the Pennsylvania Society of Professional Engineers and others. She earned her B.S. degree in Civil Engineering from the University of North Dakota, her M.B.A. degree from Oklahoma University, and her J.D. degree from Duquesne University. She just completed her Certificate in Sustainability Policy from Penn State and has recently joined the National Society of Professional Engineers as their Senior Director of Ethics and Professional Practice.
Thomas V. McCarron
Principal and Chairman, Semmes, Bowen & Semmes, Baltimore, MD
Thomas V. McCarron has extensive experience in various aspects of civil litigation, primarily on behalf of defendants, including in claims alleging or relating to personal injury and/or property damage (to include defense of motor carriers and their drivers, insurance company policyholders and product manufacturers), construction defect, insurance coverage, land use, labor and employment, creditors’ rights and commercial litigation. Mr. McCarron also represents three municipalities and serves as their Town Attorney. He has extensive experience in litigating in the State and Federal courts of Maryland, as well as the United States District Court and the Superior Court for the District of Columbia. He has tried numerous cases to verdict.
He is a member of the Steering Committee of the American Law Firm Association’s Transportation Group. He served as the Chair of the Construction Law and Litigation Committee of the International Association of Defense Counsel and has been an active member of the Defense Research Institute. He has taught several courses on insurance coverage and trial tactics. He has also served his community as the President of his local community organization. In 2015, Mr. McCarron was granted fellowship in the American College of Trial Lawyers.
Michael A. Schollaert
Shareholder at Baker Donelson, Baltimore, MD
Michael A. Schollaert is an experienced construction lawyer providing strategic and practical advice to his clients at every stage of the construction process, from contract drafting and review through project close-out and dispute resolution. He works closely with the Firm’s Advocacy and Intellectual Property Groups, handling and litigating a wide range of commercial disputes. When disputes arise, Mr. Schollaert is also an aggressive advocate, both in the courtroom and through the informal resolution of claims. As a trial lawyer and trusted advisor, he works closely with his clients to achieve the best outcome in a cost-effective and timely manner.
Mr. Schollaert has extensive experience in the prosecution and defense of mechanic’s liens in state courts throughout the State of Maryland. He represents general contractors, owners, sureties, subcontractors and suppliers on private and public construction projects, and also provides general litigation, complex commercial litigation, mediation and arbitration representation. His practice focuses on dispute avoidance, contract administration and the preparation and defense of claims involving bid protests, payment disputes, project delays and disruptions, wrongful termination, construction and design defects, and related matters. Mr. Schollaert has also represented sureties, owners and contractors in bond default matters providing advice and assistance to ensure the completion of the projects and the resolution of claims. Recently, he has represented both developers and contractors on multiple, utility-scale solar power projects.
Mr. Schollaert recently served as editor of the Maryland Construction Law Deskbook (Second Edition), published by the Maryland State Bar Association, and he also co-authored the chapter on Mechanic’s Liens and Statutory Remedies. Mr. Schollaert has been named in Maryland Super Lawyers since 2009 and listed in The Best Lawyers in America®, Construction Law category from 2014 – 2023. He also lectures on various topics of interest to professionals in the construction industry.
Kenneth D. Smith Esq
Attorney at King & Attridge, Fulton, MD
Kenneth D. Smith, Esq. is a 1985 graduate from the George Washington University in Political Science and Economics. He received his law degree from the Duke University School of Law in 1989. He has no formal training in architecture or engineering. Nevertheless, he has spent most of his 33 years of legal practice defending architects and engineers against legal malpractice lawsuits, as well as assisting clients with the drafting and negotiation of contracts.
Ken also has extensive experience in public utility law, including a seven-year stint serving as Lead Claims Counsel for the Baltimore Gas and Electric Company, though most of his career has been with the firm of King & Attridge, where he currently serves as the managing partner. He has an A/V rating from Martindale-Hubble in the field of Construction Law. Ken tries to enjoy his spare time by kayaking, scuba diving, and craft beer. Usually not at the same time.
Jason N. Smith
Partner at Seyfarth Shaw LLP, Washington D.C.
Jason N. Smith is co-chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics’ liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and he has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.
Suraj A. Vyas
Attorney, engineer, mediator, arbitrator, and owner of The Law Offices of Suraj A. Vyas, LLC based out of Maryland and DC.
At the firm, Suraj A. Vyas handles legal matters in the realm of construction, contracts, patents, and more. In the construction law world, Suraj represents a wide variety of clients ranging from contractors to owners to engineers to subcontractors. Suraj has garnered the attention of many attorneys and engineers alike in a short time since opening his own law firm in 2018. This has brought him recognition on a national and global scale with Suraj handling negotiations, mediation, and arbitration internationally in addition to his domestic law practice. Suraj has organized symposiums to discuss construction law issues and spoken at various conferences and internal construction company events about how to best manage and mitigate legal risk in engineering and construction projects. In 2018, the same year Suraj opened his law firm, he was awarded the Clients’ Choice Award. Since becoming an attorney, Suraj has collected numerous accolades including consecutively being selected to the Super Lawyers Rising Stars list.
Suraj enjoys the life of being a true solo attorney law firm. It allows him to truly connect to each of his clients and address their needs directly. He regularly posts to his law firm’s blog and on social media channels @SAVLawFirm. While connecting with clients is Suraj’s favorite activity, he also stays regularly connected with his peers and new topics in the field of engineering and law as he is a member of over a dozen unique associations, institutions, bars, and programs across the globe.