Agenda

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

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

Wednesday, October 26, 2022 
9:00 am – 4:30 pm CDT (including a 30-min. break)

 

Presented by
William S. Thomas
Kenneth A. Sherman,
Daniel A. Dorfman
Christopher K. Sweeney
Eric O. Pempus

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

Understanding How Contracts Can Shift, 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

Managing Risk with General Liability 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

Law of Engineering Malpractice
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
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

Minimizing Risk by Maximizing Compliance with Rules of Professional Conduct
Complying with rules of professional conduct
Preventing conflicts of interest
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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Credits

Professional Engineers:
6.5 PDH, including 1.0 Ethics Hour

Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.5 PDHs, including 1.0 ethics hour for professional engineers in all states that accept non-HSW coursework.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). Most other states do not pre-approve continuing education providers or courses.

This course is not approved in New York and states which require HSW coursework.

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

Daniel A. Dorfman

Daniel A. Dorfman is a capital partner and chair of the Fox Swibel Levin & Carroll LLP’s Chambers-ranked Construction Law Group. He has been named among the leading construction law attorneys in Illinois by Chambers USA: America’s Leading Lawyers for Business. Mr. Dorfman represents local Chicago-based and nationally prominent owners/developers and some of the largest and most well-known design and construction professionals in the country on their most important projects – both on the front end in drafting and negotiating complex agreements and on the back end litigating and trying to verdict all types of commercial construction disputes. He also serves as Acting General Counsel for construction industry clients. In addition to being an accomplished construction lawyer, Mr. Dorfman has a related policyholder/insurance Coverage practice representing insureds in securing millions of dollars of coverage, both within and outside of the construction industry, in insurance coverage disputes. He is a frequent presenter, author and academic lecturer on construction law topics.

Eric O. Pempus, FAIA, Esq., NCARB

DesignPro Insurance Group-A Wichert Insurance Agency

Mr. Pempus has been a risk manager for more than 18 years, with experience in architecture, engineering, land use, law and professional liability insurance, and a unique and well-rounded background in the construction industry. Prior to risk management, he had 25 years of experience in the practice of architecture and engineering, and as an adjunct professor teaching professional practice courses at the undergraduate and graduate levels for the last 35 years. As a Fellow of the American Institute of Architects and AIA National Ethics Council 2021 chair, he has demonstrated his impact on architectural profession. He is a licensed architect, attorney and property and casualty insurance agent.

Kenneth A. Sherman

Member Prince Lobel Tye LLP in Boston, MA

Mr. Sherman is a member of Prince Lobel’s Construction and Business Transactions practice groups. He is an experienced construction attorney with significant construction transactional, consulting, and litigation experience. In this capacity, Mr. Sherman assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with real-time project consulting, drafting and negotiating all manner of construction agreements and forms, and with prosecuting and defending construction disputes. He advises clients during the construction delivery process, assisting with the drafting and review of all forms of design, construction, and consultant agreements. Mr. Sherman has experience preparing, negotiating, and amending the standard suite of industry form agreements (e.g., AIA, DBIA, and ConsensusDocs) and preparing other forms of agreement like EPC agreements, construction management agreements, surety forms, guaranteed maximum price contracts, purchase orders, master service agreements, and other ancillary documents used for, by, and with construction project owners and developers, construction management firms, subcontractors, design professionals, and material suppliers.

Christopher K. Sweeney

Christopher K. Sweeney, a partner at Conn Kavanaugh Rosenthal Peisch & Ford LLP, joined the firm’s litigation department in 2012. Licensed to practice in MA, RI, and NH, Chris represents engineers, architects, owners, general contractors, and subcontractors in construction defect, delay, and personal injury cases. He also advises owners and property managers in commercial real estate disputes and defends professionals accused of malpractice. He was selected as a “Rising Star” by Super Lawyers from 2015-2022 and was designated as a Top Lawyer by Boston Magazine in 2021. During law school, Mr. Sweeney was an editor of the Suffolk University Law Review and won the Justice Tom C. Clark Appellate Advocacy Competition. He currently serves as co-chair of the Massachusetts Defense Lawyers Association’s Construction Law Committee and as Chair of the Professional Liability Defense Federation’s Architects and Design Professionals Committee. Mr. Sweeney also is an active member of the Massachusetts Bar Association and the Defense Research Institute.

William S. "Bill" Thomas

Co-Founder, Principal - Gausnell, O’Keefe & Thomas, LLC

Mr. Thomas is a co-founder and member of Gausnell, O’Keefe & Thomas, LLC, in St. Louis, Missouri, where he focuses his practice on handling matters involving the construction process, including up-front contract reviews, commercial litigation, professional liability defense and trial work. He has represented owners, contractors, subcontractors, architects, engineers, land surveyors and landscape architects in all phases of construction claims. He also handles product liability claims, other general commercial disputes, and general liability claims. He is licensed to practice law in Missouri and Illinois, the Federal Court of Claims, and several Federal Courts. He is a past president of the Lawyers Association of St. Louis, the local trial bar. Mr. Thomas is involved in many professional organizations, including the IADC and the Missouri Organization of Defense Lawyers. He is a member of the Defense Research Institute and its Construction Law Committee, Product Liability Committee, and Building Products – Substantive Litigation Group, and Professional Liability Committee, where he served on the Steering Committee, and Design Professional Subcommittee. Mr. Thomas is an associate member of the ASCE and the AIA and is a Fellow of the Construction Lawyers Society of America. He is recognized by U.S. News – Best Lawyers as a Best Lawyer in Construction Law and was honored as Lawyer of the Year in Construction-Litigation for 2022.

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