Managing Engineering Liability and Risk in Oregon
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity. It’s your responsibility to determine whether or not this on-demand course meets your continuing education requirements.
You must take and pass a quiz in order 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.
Videos that qualify for AIA, LACES, ASLA, or CLARB credit will require an extra week for processing.
Streamable MP4/PDF
Available approximately 1 week after the date of the live event or the date of your order, whichever is later.
To track your purchase you will need to create an account on the website using the email address used for your registration.
For most customers, the videos run like most streaming videos on the web. For videos that qualify for AIA credit there will be 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.
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.
USB MP4/PDF
HalfMoon will mail these materials via USPS. Please allow 2 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 2 weeks from the date of the live seminar.
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
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 PST
Morning Session
8:30 am – 12:15 pm PST
Break
12:15 – 1:15 pm PST
Afternoon Session
1:15 – 4:00 pm PST
Understanding How Contracts Can Shift, Reduce (or Increase) Risk S. Gay
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 Z. Davis
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
Negotiating fair and understandable contract terms D. Loiselle
Maintaining adequate documentation W. Ohle
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 R. DesJardins
and Professional Liability Insurance Coverage
Coverage provided by general liability vs. professional liability policies
Certificates of insurance and additional insureds
Indemnities
Assignment
Insurance availability
Insurance policies
Warranties, guarantees and certifications
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
Professional Engineers
6.0 PDHs
Continuing Education Credit Information
This webinar is open to the public and offers 6.0 PDHs to engineers in Oregon and Washington. Educators and courses are not subject to preapproval in Oregon or Washington, and continuing education is not mandatory for Washington engineers.
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
Zachary Davis
Associate in Stoel Rives’ Construction and Design Group in Portland, OR
Mr. Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters, with specific emphasis on resolving complex commercial disputes. He employs a proactive approach in assisting clients in developing pre-litigation and litigation avoidance strategies. Mr. Davis has advocated on behalf of clients before a variety of adversarial tribunals including federal and state courts, arbitration panels and administrative bodies. His clients have included corporations, business owners and entrepreneurs in the construction, real estate, technology, hospitality, telecommunications, financial services and insurance industries. Mr. Davis has significant experience drafting and negotiating project agreements. He also advises clients as issues arise during the course of a project and has successfully resolved disputes in multiple forums, including mediation, arbitration and litigation.
Ryan DesJardins
Associate at Parsons Farnell & Grein, LLP in Portland, OR
Mr. DesJardins is an associate in PFG’s insurance recovery group and its national policyholder practice. One of the most sought after policyholder firms on the West Coast, PFG has represented businesses and individuals in disputes with insurance companies for more than 25 years, obtaining successful settlements, verdicts, and appellate decisions in a wide variety of insurance claims, including general liability, directors and officers, professional liability, property, employee dishonesty and fidelity bonds, and cyber. Ryan has been selected as a Rising Star by Oregon Super Lawyers for 2020-2021. He also participates in commercial business civil litigation.
Sean Gay
Partner in Stoel Rives’ Construction and Design Group in Portland, OR
Mr. Gay has substantial experience litigating disputes and drafting and negotiating construction and design contracts. In addition, he has extensive public contracting experience, having litigated bid protests and contract disputes. He has also drafted solicitation documents, such as requests for proposals and invitations to bid, and he has negotiated and drafted several construction and design contracts for public agencies. Before joining Stoel Rives, Mr. Gay worked in the construction industry in Alaska, Hawaii and Washington. As a construction project manager, project engineer and field engineer, he was intimately involved in the technical and financial aspects of his construction projects. Now Mr. Gay applies that real-world experience to his clients’ legal issues. His knowledge about how complex construction projects get managed and built, and occasionally result in disputes, has proved an invaluable resource in his legal career. He received his B.S. degree in Civil Engineering from Oregon State University and his J.D. degree from Willamette University College of Law.
Darien Loiselle
Shareholder at Schwabe Williamson & Wyatt in Portland, OR
Over several decades as a construction lawyer, Mr. Loiselle has built a comprehensive, solutions-oriented practice as a key leader in Schwabe’s Real Estate and Construction industry group. His clients include owners, general contractors, designers and engineers, specialty contractors, insurers and maritime interests. Mr. Loiselle has extensive experience negotiating agreements, solving complex disputes and representing clients in litigation on major construction and marine projects. He has served as general counsel to the Columbia River Chapter of Associated General Contractors (AGC), chair of the Maritime Commerce Club, a member of AGC’s Foundation Board, counsel to Associated Builders and Contractors, and chair of the Construction and Maritime Sections of the Oregon State Bar.
William J. Ohle
Shareholder, Schwabe, Williamson & Wyatt, Portland
Mr. Ohle has more than 20 years of experience representing clients in construction defect and housing accessibility claims, with an emphasis on claims involving design defects by architects and engineers. He defends design professionals against professional malpractice claims and drafts professional service contracts to minimize the risk of construction disputes and meet the needs of specific design disciplines and projects. Mr. Ohle also represents professional clients before regulatory boards including the Oregon Board of Architect Examiners, the Oregon Board of Examiners for Engineering and the Oregon Electrical and Elevator Board.