Agenda

Webinar instructions will be emailed before the date of the webinar.

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

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8:00 – 8:30 am CDT
Morning Session
8:30 – 11:45 am CDT
Break
11:45 am – 12:45 pm CDT
Afternoon Session
12:45 – 5:00 pm CDT

 

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
Identifying strategies to minimize engineering risk and maximize positive results

Understanding How Contracts Can Shift, Reduce (or Increase) Risk                   J. Pruden
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 v. pre-suit v. 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

Minimizing Risk by Maximizing Compliance                     O. Banks
with Rules of Professional Conduct
Complying with rules of professional conduct
Preventing conflicts of interest
Complying with rules on sealing of documents and plans
Preventing the unauthorized practice of engineering
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 risks
Reviewing ethics case studies and hypotheticals

 

 

 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.

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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
7.0 PDHs
Including 1.0 Ethics Hour

 

Continuing Education Credit Information
This webinar is open to the public and offers 7.0 PDHs to Texas professional engineers including 1.0 ethics hour. Educators and courses are not subject to preapproval
in Texas.

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

Olaide A. Banks 

Banks & Associates

Mr. Banks is the principal attorney at Banks & Associates, PLLC, a Houston-based law firm focused on meeting the needs of government and construction contractors throughout Texas. He is a trusted advisor for licensed professionals, CEOs and managers in construction firms, and government contractors. Mr. Banks was licensed as a CPA in 2003 and has more than 20 years of experience as a lead accountant and CFO for successful government contractors. He earned his B.B.A. degree with a double major in Accounting and Finance from the Bauer College of Business at the University of Houston and secured his J.D. degree from South Texas College of Law. Mr. Banks is a member of the State Bar of Texas, the Association of Corporate Counsel and the American Institute of Certified Public Accountants (AICPA). He is a member of the Construction Law Section of the State Bar of Texas.

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

Partner with Waddell Serafino Geary Rechner Jenevein, P.C.

Representing a range of architects, engineers, and other construction professionals, 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. As a Board-Certified Construction Attorney, Mr. Pruden represents companies in the defense of professional negligence claims, project disputes, contract negotiation, fee collection disputes, employment issues, and TBAE/TBPE board complaint responses; having worked as primary counsel on hundreds of disputes, ranging from $10,000 to $51,000,000. In addition to litigation, approximately 40% of his practice includes the negotiation of contract documents, including a variety of delivery packages ranging from the traditional design-bid-build to design-build agreements, with extensive AIA, DBIA, and EJCDC experience. As a part of his review process, he works extensively with insurance brokers to ensure appropriate risk coverage, and with various banks and lenders to assist in project closing, primarily by negotiating acceptable language with contingent assignments for financing. As a member of the Texas Construction Bar and a National Allied Member of American Institute of Architects, Mr. Pruden is passionate about serving clients within one of the most important sectors of the American Economy.