Managing Michigan Engineering Liability and Risk
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Monday, December 4, 2023
8:30 am – 4:30 pm EST
Managing Risk in the Practice of Engineering
Presented by: G. Quesada
- Identifying engineering risks
- Reviewing consequences of potential risks
- Understanding principles of risk management
- Complying with professional and ethical standards for Michigan engineers
- Identifying strategies to minimize engineering risk and maximize positive results
Understanding How Contracts Can Shift, Reduce (or Increase) Risk
Presented by: G. Thomas
- 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
Presented by: E. Moore
- Architect and engineers’ professional liability insurance history and availability
- Differences of general liability vs. professional liability coverage
- Professional liability insurance policy – Declaration, insuring agreement, definitions and conditions
- Certificates of insurance and additional insureds
- Indemnities
- Warranties/guarantees, certifications and standard of care
- Recognizing and responding to a potential claim with current claims statistics
Law of Engineering Malpractice
Presented by: S. Stoner
- 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
Presented by: J. Case
- 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
Complying with Michigan Laws and Regulations Requiring Engineering Work be Performed or Supervised by Engineers
Presented by: J. Case
- Michigan laws that regulate the composition of engineering firms
- Regulations on responsible charge of engineering work
- Rules on sealing of engineering documents
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
Engineers
6.5 PDHs
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for up to 6.5 PDHs for professional engineers in Michigan where courses are not subject to pre-approval.
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
James R. Case
Member DykemaMr. Case’s practice focuses on commercial, contract, construction, and surety law. In his construction practice, he has provided ongoing representation for numerous design professionals, general contractors, subcontractors, owners, and suppliers in a wide range of business matters, including defense and prosecution of claims relating to damages for delay, differing site conditions, construction change directives, owner interference, design errors/omissions, and contract interpretation in connection with public and private construction projects (commercial, institutional, and industrial). In his surety practice, Mr. Case represents sureties in large and small matters including defaults, litigation, and claims against performance and payment bonds. He serves on the American Arbitration Association’s National Roster of Arbitrators and Mediators, and the American Arbitration Association’s Large, Complex Case Panel. Mr. Case was ranked among The Best Lawyers in America®, by Woodward/ White, Inc.; was named a “Michigan Super Lawyer” by Thomson Reuters; and was rated a “Top Lawyer” by Dbusiness magazine.
Eric A. Moore, CIC, LIC
Vice President Moore Insurance ServicesMr. Moore is a Certified Insurance Counselor and Licensed Insurance Counselor who has specialized in insuring architects, engineers, environmental consultants, and surveyors for over 25 years. He is past president of a/e ProNet, current chair of the City of Hillsdale Planning Commission, and trustee on the Hillsdale Community Schools Board of Education, and he is active with the Exchange Club of Hillsdale. Moore Insurance Services was founded in 1894 as the W.D. Taylor Agency, Charles L. Moore purchased the agency in 1968 and the Moore family has continued providing the professional and personal insurance service that William Dempster Taylor started 129 years ago.
Gary Quesada
Partner Cavanaugh & Quesada PLCMr. Quesada has been practicing law since 1993 and is admitted to all Michigan Courts and the U.S. District Courts of Michigan. His practice has been concentrated in the design and construction industries. He has represented architects, engineers, contractors, private construction owners, and public entities in business and construction law matters; contract, construction and property disputes; construction lien and bond claims and defense; professional malpractice; copyright, insurance claims and defense and government affairs. Mr. Quesada has been named an honorary affiliate member of the AIA, has been named one of Metro Detroit’s Top Lawyers by DBusiness Magazine, as well as a “Go To” lawyer for Construction Law by Michigan Lawyer’s Weekly. Mr. Quesada is also an arbitrator on the AAA construction and commercial panels.
In 2008, Mr. Quesada formed Cavanaugh & Quesada, PLC with his partner Peter Cavanaugh, located in Royal Oak, MI, where Mr. Quesada also serves as chair of the Royal Oak Planning Commission.
Scott D. Stoner
Starr, Butler, Alexopoulos & Stoner, PLLCMr. Stoner has successfully defended claims against design professionals for design defects, tortious interference, failure to inspect, and damages for delay, and he has handled contractor claims and surety and lien claims. In addition, he frequently represents shareholders in various business disputes, including breach of fiduciary duty, fraud, and usurpation of corporate opportunity. He has successfully tried cases in both state and federal courts. Mr. Stoner’s contributions to the legal profession are not limited to the courtroom. He has lectured extensively on various risk management issues for design professionals and contractors on areas such as contract drafting, project documentation, claims handling, and other issues that typically arise during the course of a construction project. Mr. Stoner’s legal practice is centered on delivering the best possible legal outcome for his clients. He works to ensure that clients make solid and informed business decisions. Mr. Stoner strives to educate clients on the law and to bring them as much information as necessary to ensure they make good business decisions. He provides uncompromising legal representation for businesses and professionals. Mr. Stoner relies on 28 years of experience in the legal field and a background of academic excellence. He earned his Bachelor of Arts degrees in Economics and Political Science from Indiana University in 1993 and his Juris Doctorate degree from the University of Toledo College of Law in 1996.
Gregory I. Thomas, J.D.
Principal Dickie, McCamey & Chilcote, P.C.Mr. Thomas, was born in Detroit, Michigan and has never left the area. He graduated from Michigan State University in 1977, with a degree in Business Administration, and soon learned that he had no interest in running a business. Upon the recommendation of a school counselor, he decided to apply for law school, not on the notion that he wanted to be a lawyer, but rather on the notion that a degree in law would open a lot of doors. Mr. Thomas graduated from the University of Detroit School of Law in 1980. By then, he had already worked as a law clerk at Sullivan, Ranger, Ward & Bone for two years, and he accepted an offer of employment from them as associate attorney. That firm had a strong presence in the defense of claims against design professionals, and Mr. Thomas soon had a docket that was almost entirely filled with defending architects and engineers. That has never stopped. The design professions intrigued him, not only because was he a tinkerer by nature, but because of the massive “can do” attitude that design professionals have. It makes for a fascinating career, because each case requires Mr. Thomas to learn something new about how and why design professionals do the things they do, and learn it well enough that he can then teach it to a judge and jury. In 1988, Mr. Thomas became a founding partner in Thomas, DeGrood & Witenoff, where he practiced for 32 years. In 2020, the week before the Covid shutdowns, he closed the practice and moved his work to Dickie, McCamey & Chilcote, a large Pittsburgh-based law firm, locating in its newly opened Detroit office. He continues to work full time, thoroughly enjoying the close relationships he has developed with so many architects and engineers.