New Jersey Construction Contract Workshop
Agenda
Log into Webinar : 8:00 – 8:30 am
Morning Session: 8:30 am – 12:30 pm
Lunch (On your own): 12:30 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Understanding Construction Contract Essentials
G. Strong
Examining contract terminology: parties, consideration, term, performance,
substantial performance, breach, remedies, damages
Studying roles and relationships of project participants:
owners, architects/engineers, construction managers, contractors, subs and suppliers
Understanding the project delivery system: traditional design-bid-build,
design-build, construction manager at risk, multiple prime contractor, owner control
Understanding types of construction contracts: lump sum, cost plus,
time and materials, unit pricing
Exploring the law of construction contract interpretation
Reviewing Bidding Documents
J. Haftek, Jr.
Invitation
Bid form
Instructions
Bid bond
Information
Addenda
Reviewing Project Documents
B. Richards
Use of standard forms or custom documents
Agreement
Performance bond
Payment bond
Contract conditions (general and supplementary)
Specifications (Format, CSI 1995 and 2004)
Shop drawings
Contract modifications (change orders, directives, etc.)
Understanding Issues in Contract Administration
W. Jackowski
Insurance and indemnity issues
Chain of command issues
Subcontracts
Changes and change orders
Payments
Substantial and final completion
Breach and pitfalls
Examining Legal Issues and Contract Disputes
S. Nudelman
Changed conditions
Project documentation
Delays, acceleration
Handling payment claims and final payments
Resolving disputes through mediation, arbitration, litigation
Understanding contractual and statutory warranties
Handling Ethical Issues in Construction Contracting
S. Nudelman
Promoting impartial, merit-based award of construction contracts
Ensuring honesty, integrity, fair-dealing and quality assurance
Creating a system of internal practices promoting contract compliance
and ethical practices
Credits
Architects
7.0 New Jersey CE Hours
7.0 AIA LU|HSW
Professional Engineers
7.0 CPC Credits
(2.0 Ethics Hour)
Construction Contractors
Non-Credit CE Opportunity
Continuing Education Credit Information
This webinar is open to the public and offers 7.0 CPC credits to New Jersey professional engineers including 2.0 ethics hours. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700).
This event has been approved by the American Institute of Architects Continuing Education System for 7.0 LU|HSW (Sponsor No. J885). Courses approved by the AIA/CES are accepted for New Jersey architects. Visit www.halfmoonseminars.org for complete AIA/CES course information under this seminar listing. Only full attendance is reportable to the AIA/CES.
Participation will be monitored, and completion certificates will be available after the webinar for individuals who complete the entire event, respond to all the monitoring prompts and earn 80% on the quiz
Speakers
Joseph R. Haftek, Jr.
Partner with Gartner & Bloom, in Whippany, NJMr. Haftek prides himself on assisting a broad base of clients with a variety a business and legal needs. From years of handling development projects and contract drafting and negotiation to experience in complex commercial disputes, with a focus on construction law, he aims to be the attorney firm clients can rely on to efficiently and effectively address a wide range of concerns. Mr. Haftek handles all phases of commercial and construction law and litigation, including construction defects, construction/municipal mechanics’ liens, public bid protests, delays, extra work, collections, and contract negotiation and drafting. His work has been recognized with selection as a New Jersey Super Lawyers’ Rising Star and Super Lawyer in the area of Construction Litigation, and he is a frequent speaker for attorneys and business professionals on topics ranging from contract drafting to government procurement.
Wojciech “Voytek” Jackowski
Principal and Chair of the Commercial Litigation Practice (North) at Offit Kurman, New York, NYWojciech “Voytek” Jackowski is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational and cost-effective business solutions. His diverse practice includes international facets of litigation and dispute resolution, and criminal and civil facets of various international income reporting obligations. He has represented entities and individuals in cases involving trade and contract disputes, property loss claims, bankruptcy proceedings, construction issues, commodities and derivatives matters, white-collar crime, personal injury, and claims raising questions under federal labor law. Before joining Offit Kurman, Mr. Jackowski was a partner in the New York law firm of Menaker & Herrmann LLP. He began his career as a prosecutor and later became a Senior Assistant District Attorney with the Brooklyn District Attorney’s Office, where he was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, and corporate and individual income and sales tax evasion. Mr. Jackowski frequently lectures and publishes articles on construction law and litigation topics. He is active in numerous bar and industry associations, including the Construction Law Committee of the New York Building Congress, the Building Owners and Managers Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, the Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is also a member of the Construction Law Committee of the New York City Bar Association.
Steven Nudelman
Partner at Greenbaum, Rowe, Smith & Davis LLP, Red Bank, NJMr. Nudelman has represented members of the construction industry across a broad spectrum of matters for over 25 years. He works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the New Jersey and New York metropolitan area. Mr. Nudelman drafts, modifies and negotiates customized contracts, as well as contracts based on standard industry forms from groups such as the American Institute of Architects, Consensus Docs and Design Build Institute of America. His construction contracting work helps his clients manage the risk inherent in construction projects so they may adequately protect their interests now to avoid claims and disputes in the future. When claims and disputes are unavoidable, Mr. Nudelman draws upon his wide-ranging experience in construction litigation, representing clients in state and federal courts throughout the New Jersey/New York metropolitan area, as well as in local and international mediations and arbitrations.
Barrett Richards
GREYHAWKManaging Consultant with GREYHAWK
Mr. Richards, CCC, CEP, PSP, is a managing consultant with GREYHAWK, located in Melville. He has over 15 years of experience in project management oversight, preconstruction and construction cost estimating, project planning and scheduling, and claims and litigation support. He currently serves on the NYC Bar Construction Law Committee and is a member of the ABA’s Forum on Construction Law. He has presented on several construction-related topics to a variety of audiences. Mr. Richards has a B.S. degree in construction management from Brigham Young University in Provo, Utah and earned an M.B.A. degree from Hofstra University.
Gary Strong
Partner, Seiger Gfeller Laurie, LLP
Mr. Strong focuses his practice in the areas of construction litigation and professional malpractice defense including representation of design professionals, insurance brokers, real estate agents, lawyers, and accountants in the state and federal courts of New Jersey and New York. He has represented a variety of clients in the construction arena, including project owners, developers, design professionals, general and prime contractors, and specialty trade contractors, in all phases of construction and commercial litigation. Mr. Strong regularly counsels clients during pre-construction and construction phases on issues including contract negotiations, risk management, and disputes. His representation extends to both public and private projects, and addresses payment claims, delay, acceleration, design issues, lien law, bond claims, surety issues, defective work, and wrongful termination.
AIA Info
AIA Provider Statement:
HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).
This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.
AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
Course Title: Construction Contract Workshop
Delivery Method: Live
Course Description: This is a 7.0 hour live lecture presentation with the instructors and students together in the same room. It will be conducted in a handicap-accessible conference room with ample seating space and writing surface for all attendees. Bound written materials, authored by the faculty, will be distributed to all participants at the program. Attendance will be monitored and reported to AIA/CES. This course covers the essentials of construction contracts, reviewing bidding documents, issues in contract administration, legal issues and contract disputes, and ethical issues in construction contracting.
Learning Objectives:
Learning Objective 1:
Learners will be able to review and discuss bidding documents (invitation, bid form, instructions, bid bond, information, and addenda) and project documents (standard form or custom documents, agreement, payment bond, contract conditions, specifications, shop drawings, contract modifications).
Learning Objective 2:
Learners will be able to recognize and avoid ethical pitfalls common to construction contracting by promoting impartial, merit-based award of construction contracts, ensuring honesty, integrity, fair-dealing and quality assurance, and creating a system of internal practices promoting contract compliance and other ethical practices.
Learning Objective 3:
Learners will be able to understand contract terminology, describe the roles and responsibilities of all the project participants (owners, designers, construction managers, contractors, subcontractors and suppliers), differentiate project delivery systems (traditional design-bid-build, design build, construction manager at risk, multiple prime contractor, owner control), and differentiate types of construction contract types (lump sum, cost plus, time and materials, unit pricing).
Learning Objective 4:
Learners will be able to assist in contract administration matters by understanding such matters relating to insurance and indemnity, subcontracts, changes and change orders, bonds, payments, mechanic’s liens/stop notices, changed conditions, delays, acceleration/payment claims, and dispute resolution.
LUs: 7.0 LU Type: LU|HSWs.
Prerequisites: Familiarity with contract documents, types, and terminology
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 01/19/2021
Complaint Resolution Policy:
Complaints regarding this course can be emailed to doug@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.