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                          W. Testa

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,                          R. Davies
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                          R. Davies
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                          M. Cremonese
Negotiating fair and understandable contract terms                                                              J. Mellor
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                          P. Earnest
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
6.5 PDHs


Continuing Education Credit Information

This webinar is open to the public and offers 6.5 PDHs to professional engineers licensed in Pennsylvania. Educators and courses are not subject to preapproval in Pennsylvania.

Completion certificates will be awarded to participants who complete this event, respond to all prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

Speakers

MICHAEL CREMONESE

BURKE CROMER CREMONESE LLC

Mr. Cremonese is a founding member of the firm. He represents architects, engineers and design-builders in all phases of the design and building process. He works with owners and developers of commercial and residential real estate, clients in the energy and logistics industries, and entrepeneurs in various other industries. Experienced in representing clients in mediation, arbitration and litigation at both the trial and appellate levels, Mr. Cremonese understands that resolving disputes can involve unwanted and unexpected expenses for businesses, and advises clients on claims avoidance strategies, including contract negotiation and managing risks.

Richard J. Davies

Hon. AIA Partner, Milber Makris Plousadis & Seiden, LLP
Mr. Davies’ practice is focused on the representation of engineers, architects, and other design professionals, as well as scientists and designers/manufacturers of complex products. Mr. Davies regularly handles cases involving errors and omissions affecting façade, structural, mechanical, plumbing, and fire protection systems, as well as accessibility (claimed violations of ADA, FHA, state or local accessibility requirements) in industrial, commercial, and residential buildings. He also handles schedule impact (such as delay, acceleration, and inefficiency) and extras claims, licensing prosecutions, and serious personal injury/wrongful death claims arising from construction projects. He serves as a lecturer on Contracts at the Thomas Jefferson University College of Architecture and The Built Environment. Mr. Davies and his partners in Pennsylvania are the Contributing Authors of the Pennsylvania section of the Cumulative Supplement of the State-By-State Guide to Design and Construction Contracts and Claims (Second Edition) published by Wolters Kluwer. He serves as Counsel to the Philadelphia Chapter of the American Institute of Architects (AIA) and as Counsel to The Carpenters’ Company of the City and County of Philadelphia. Mr. Davies is a Member of the Board of The Philadelphia Center for Architecture & Design (having served as its chairman for 5 years). He serves as a member of the Legal Reform Task Force for the Government Affairs Committee of AIA’s Pennsylvania Chapter working on legislative changes to positively affect the design community. He is a member of the American Council of Engineering Companies (ACEC) Legal Counsel Forum, a member of the Claims and Litigation Management Alliance (CLM), and a Charter Fellow of the Construction Lawyers Society of America (CLSA).

Phillip R. Earnest

Phillip R. Earnest is a partner at Pietragallo Gordon Alfano Bosick & Raspanti, LLP. He chairs the firm’s Insurance Coverage and Construction practice groups. He primarily represents corporations in commercial and construction matters, insurance claims and litigation. Mr. Earnest also drafts and negotiates construction, indemnity, surety, and insurance agreements for owners, contractors, specialty subcontractors, design professionals, insurers, and sureties. Mr. Earnest has tried numerous jury trials and has successfully conducted commercial and construction arbitrations throughout the federal and state court systems of Pennsylvania and West Virginia. Additionally, he has conducted alternative dispute resolution proceedings such as the American Arbitration Association and private arbitration. Mr. Earnest is recognized in the 2021 and 2022 editions of The Best Lawyers in America for his practice in construction law and insurance.

Jacob B Mellor

Jacob B. Mellor is an associate attorney at Burke Cromer Cremonese LLC. He focuses his practice in the areas of construction litigation, commercial litigation, business disputes, and personal injury. His experience includes researching and drafting pleadings, as well as motions and briefs at all stages of litigation. Mr. Mellor received his J.D. degree in 2018 from Duquesne University School of Law, where he focused his legal education on trial and appellate advocacy. As a member of both the Appellate Moot Court Team and the Trial Advocacy Team, he represented Duquesne Law in national and regional competitions throughout his law school career.

Wendy Testa

Partner at Wilson Elser

Ms. Testa focuses her legal practice on insurance coverage and defense litigation as well as risk management services in the areas of professional liability; construction/construction defects; general liability; product liability; contract drafting, negotiating and disputes; and employment practices. She has also litigated matters alleging violations of the Fair Debt Collection Practices Act and advised clients on best practices in this area of the law. Ms. Testa is experienced in the defense of architects, engineers and surveyors and is a member of the firm’s design professional practice. She performs contract review and drafting services for design professionals and engages in contract negotiations on behalf of these clients. Ms. Testa received her J.D. degree from Widener University School of Law.