Managing Engineering Liability and Risk in Michigan
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 EDT
Morning Session
8:30 – 11:45 am EDT
Break
11:45 am – 12:45 pm EDT
Afternoon Session
12:45 – 4:30 pm EDT
Managing Risk in the Practice of Engineering G. Quesada
Identifying engineering risks
Reviewing consequences of potential risks
Understanding principles of risk management
Complying with professional and ethical standards
Identifying strategies to minimize engineering risk and maximize positive results
Understanding How Contracts Can Shift, C. Kraatz
Reduce or Increase Risk
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
Law of Engineering Malpractice 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 J. Twigg
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
Managing Risk with General Liability and Professional E. Moore
Liability Insurance Coverage
Engineers’ professional liability insurance history and availability
Engineers’ professional liability insurance policy – what to look for
Differences of general liability vs. professional liability coverage
Certificates of insurance and additional insureds
Indemnities
Warranties, guarantees, and certifications vs. the standard of care
Recognizing and responding to design professional claims
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
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 continuing education hours to professional engineers licensed in Michigan. Educators and courses are not subject to preapproval in Michigan.
Completion certificates will be awarded to participants who complete this event, respond to prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Speakers
Carina M. Kraatz
Carina M. Kraatz is a principal at Kitch, Drutchas, Wagner, Valitutti & Sherbrook, P.C.’s Detroit office. She focuses her practice on commercial and construction litigation as well as intellectual property and bankruptcy issues. Ms. Kraatz’s intellectual property practice includes patent and trademark prosecution and litigation on a variety of issues including image misappropriation and infringement. She received her J.D. degree from the University of Detroit Mercy School of Law and her LL.B degree from the University of Windsor Faculty of Law in Ontario, Canada. Ms. Kraatz is admitted to the U.S. District Courts of Eastern and Western Michigan as well as being registered to practice before the United States Patent and Trademark Office. Ms. Kraatz was named a Rising Star in 2019 and 2020 by Super Lawyers. In 2019, Ms. Kraatz received a Pro Bono Award from the United States Bankruptcy Court for the Eastern District of Michigan.
Eric A. Moore, CIC, LIC
Vice President Moore Insurance ServicesMr. 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 PLCMr. 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.
Scott D. Stoner
Partner Starr, Butler & Stoner, PLLCMr. 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.
Justin J. Twigg
Justin J. Twigg is a litigation attorney with the Detroit office of O’Hagan Meyer, LLC with a wealth of experience in complex litigation stemming from over a decade and a half of practice split between Australia and the United States, representing a broad range of clients from small businesses to large multinationals. He has litigated and successfully resolved complex construction disputes and other litigation involving the defense of design professionals. In addition to his litigation practice, Mr. Twigg has extensive experience in assisting design professionals in the review and negotiation of service agreements with a particular focus on risk management and professional liability issues.