Agenda

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Please log into the webinar 15 – 30 minutes before start time.

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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

Each webinar session earns continuing education credit and can be registered for individually. 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 will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.

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 J Cremonese

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

Shareholder with Powell Trachtman, PC, in King of Prussia
Mr. Davies focuses his practice on the representation of engineers, architects, and other design professionals, as well as manufacturers of complex products. He regularly acts as their consultant and advocate to address nearly all aspects of their professional practice, particularly those relating to risk management. Mr. Davies received his B.A. degree in Natural Sciences, with a concentration in Physics, from the University of Pennsylvania in 1983. In 1986 he graduated from the Law School of the State University of New York, where he was a member of its Moot Court Board. He has substantial experience in various state and Federal courts and alternative dispute resolution forums and is admitted to practice in Pennsylvania, New Jersey and New York.Mr. Davies regularly defends design professionals in actions and proceedings before courts, arbitrators, licensing boards, and mediators. Mr. Davies is a frequent lecturer on professional liability issues for engineers and architects and other design professionals. He has also authored numerous articles on these subjects. Mr. Davies is the co-editor of the PTLCB&L Design Professional’s Practice Bulletin.

Phillip R. Earnest

Phillip R. Earnest is a partner at Pietragallo Gordon Alfano Bosick & Raspanti, LLP. He is the chair of the firm’s Insurance Coverage practice. He primarily represents corporations in commercial, construction, and 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 was recognized in the 2021 edition of Best Lawyers 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.

Webinar Price: $289.00