Agenda

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

Log into Webinar
8:00 – 8:30 am CDT
Morning Session
8:30 – 11:45 am CDT
Break
11:45 am – 12:15 pm CDT
Afternoon Session
12:15 – 4:00 pm CDT

 

Agenda
Managing Risk in the Practice of Engineering                     M. Gerstle
Identifying engineering risks
Reviewing consequences of potential risks
Understanding principles of risk management
Complying with professional and ethical standards of Texas engineers
Identifying strategies to minimize engineering risk and maximize positive results

Understanding How Contracts Can Shift,                     J. Pruden
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                     J. Pruden
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. Gerstle
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

Recognizing and Responding to Malpractice Claims                     M. Gerstle
Pre-claim/circumstance vs. pre-suit vs. litigated/arbitrated dispute
Setting internal reserves: defense within or outside deductible
Duty to cooperate
Understanding impact of limitations and repose
Settlement value v. legal liability and exposure
Mediation and refund of deductible

Handling Ethical Issues in Professional Engineering Practice                     R. Derner
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 risk

 

 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 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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Internet Explorer v11 (or later) with Flash enabled

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Credits

Texas Professional Engineers
6.5 PDHs (1.0 Ethics)

 

Continuing Education Credit Information
This webinar is open to the public and offers 6.5 PDHs, including 1.0 ethics hour, to professional engineers in the state of Texas. Engineers seeking continuing education credit in other states will be able to apply the hours earned at this event, in most cases. Refer to specific state rules to determine eligibility.

The Texas Board of Professional Engineers and Land Surveyors does not pre-approve any courses, seminars, presentations, or other activities. This course is designed to qualify for Texas engineers.

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).

Speakers

Robert Derner

Attorney at Allensworth Law
Mr. Derner’s practice is based in Austin, and his deeply analytical mind, insatiable workethic, and exacting attention to detail fuel his review and analysis of complex construction contracts and his approach to resolving industry disputes. Mr. Derner’s practice centers mainly on professional services agreements for architects, engineers, and professional consultants, but regardless of the players, he scours each document to identify potential risks, untapped opportunities, and legal gray areas that can be leveraged during negotiation. With an appreciation of each clause and how the wider agreement operates, Mr. Derner preserves coherence and clarity in each document, using close review and analysis to help the partner in charge advance negotiations and close the deal on favorable terms for the client. As with the construction industry itself, details matter in construction law, and he thrives on untangling complex legal issues.

Michael Gerstle

Founding Partner of the Law Firm of Gerstle Snelson, LLP
Since 1993, Mr. Gerstle has assisted participants in the design and construction industry assess risk, negotiate contracts, handle payment issues, evaluate change order requests, resolve claims, and litigate or arbitrate unresolvable conflicts. He provides advice, counsel and representation to clients throughout the State of Texas regarding many different types of projects. He has advised clients regarding federal, municipal, industrial, commercial, healthcare, multi-family, and single family residential projects in all the main metropolitan areas and many of the smaller towns and counties in the State. In addition to being a licensed attorney, Mr. Gerstle holds a professional engineer’s license in the State of New York. He worked as a structural engineer and participated in the design of long-span suspension bridges and hydroelectric power plants. As an engineer, Mr. Gerstle participated in the inspection of construction sites and the monitoring of construction and rehabilitation projects. He also prepared environmental impact and transportation impact studies for private developers and non-profit entities. Mr. Gerstle routinely presents seminars to clients regarding risk management techniques in the construction and design fields. He is a Member of the State Bar of Texas Construction Section. Mr. Gerstle has previously held the position of adjunct professor at Texas Wesleyan University, where he taught courses in torts, legal writing, and intellectual property.

James B. Pruden

Associate Attorney with Fisk Attorneys
Mr. Pruden represents a range of architects, engineers, and other small business owners in professional liability, business, and construction disputes. He thrives on bringing various legal issues to a swift resolution and strongly believes in approaching the practice of law with a focus on client-service and communication, often pursuing creative, efficient and cost-effective solutions to problems. Mr. Pruden coordinates complex multi-party litigation