New Jersey Construction Law
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Please log into the webinar 15 – 30 minutes before start time.
Log into Webinar
8:00 – 8:30 am EST
8:30 am – 12:15 pm EST
12:15 – 12:45 pm EST
12:45 – 5:30 pm EST
Facilitating the Project S. Nudelman
with Effective Construction Contracting
Understanding the legal rights/duties of project participants: owners,
contractors, design services firms, subcontractors and suppliers
Understanding your project delivery system: design-bid-build, design-build,
construction manager, construction manager-at-risk
Using standard or custom contract documents: AIA, Consensus Docs, others
Understanding key contract concepts and terms:
performance, breach, warranties, guarantees, indemnity, damages
Modifying contracts and selecting dispute resolution mechanisms
Making Changes and Resolving Disputes S. Nudelman
during the Construction Process
Making changes to the contract and contracted work
• The contract change clause
• Types of changes: ordered and constructive changes
• Requirements for making changes
• Liability issues
Solving problems during the construction process
• Site conditions, delays, disruption, acceleration, accidents
Protecting the Owner and the Project: G. Trif
Insurance and Bonding Issues in Construction
Types of construction bonds
• Performance, payment, alternatives to bonds
Types of insurance
• Commercial general liability insurance, builder’s risk insurance,
errors and omissions insurance, additional/alternative insurance
Claims and notice issues
Reducing Climate Change Impacts M. Shifton
Effects of built environment, construction and building operations on greenhouse gas emissions
Net zero, Challenge 2030 and other greenhouse gas reduction initiatives
Anticipating future climate action and building marketability issues
Complying with and exceeding building codes, standards, guidelines and incentives
Talking to clients and regulators about climate change
Meeting and Exceeding Ethical Standards W. Jackowski
Avoiding ethical issues during the bidding process
• Gifts, favors and the appearance of impropriety
Your duties to your employer, the project owner, and other project participants
Adopting practices that minimize ethics issues
The ethics of safety: fulfilling duties to employees and the public
Reviewing Accessibility Standards and Compliance K. Avalos
What standards apply and when?
• ADA Standards for Accessible Design
• Architectural Barriers Act
• Fair Housing Accessibility Guidelines
State and local standards and building codes
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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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NJ Professional Engineers
8.0 CPC Credits/PDHs
8.0 CE Hours
(3.5 Non-HSW, 4.5 HSW)
AIA (AIA credits only available for attending live Webinar)
3.5 LU| Elective (AM Session)
4.5 LU|HSW (PM Session)
International Code Council
.80 CEUs (Administration)
Continuing Education Credit Information
This webinar is open to the public and offers 8.0 total CPC credits/PDHs to professional engineers in New Jersey. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700).
This webinar offers New Jersey architects 8.0 total continuing education hours: 3.5 non-HSW continuing education hours and 4.5 HSW continuing education hours.
The American Institute of Architects Continuing Education System has approved the AM session for 3.5 LU|Elective and the PM session for 4.5 LU|HSW (Sponsor No. J885). Only full participation is reportable to the AIA/CES.
The International Code Council has approved this event for .80 CEUs in the specialty area of Administration (Preferred Provider No. 1232).
Completion certificates will be awarded to participants who complete the webinars, respond to prompts and earn a passing score (80%) on the quizzes that follow the presentations (multiple attempts allowed).
Kristi AvalosPresident and CEO of Accessology Too, LLC
Ms. Avalos is a nationally renowned leader in providing accessibility-related services and is a sought-after speaker with a knack for using an upbeat approach to help others understand the complexities of compliance with the Americans with Disabilities Act (ADA). With over 40 years of experience, she provides expert witnessing on ADA, 504, Federal Housing Administration, and Air Carrier Access Act legal cases. In 1990 she founded Accessology Too, LLC which is a national leader in providing accessibility consulting services and is one of the largest U.S. firms dedicated solely to accessibility and access issues. Since its founding, Accessology has worked closely with the Department of Justice and the U.S. Access Board to remain knowledgeable and adept with the constant changes that occur regarding ADA guidelines. Accessology has worked on numerous multi-million dollar projects to impact accessibility compliance during all stages, from schematics to construction and final inspections. Since 2005 Accessology has specialized in the development, execution, and monitoring of the required ADA Transition Plans for Title II entities to help them avoid access-related litigation since so much litigation is tied to not having a Transition Plan on file. Ms. Avalos and her team at Accessology are committed to removing structural and attitudinal barriers that adversely impact people with disabilities.
Wojciech “Voytek” JackowskiPrincipal, Commercial Litigation Practice Group Chair, Offit Kurman P.A., New York, NY
Mr. Jackowski, is chair of the Commercial Litigation North practice at Offit Kurman. He focuses on commercial and corporate dispute resolution, emphasizing rational or 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. He was part of the Money Laundering and Revenue Crimes Bureau and the Rackets Division, investigating and prosecuting business and securities fraud, money laundering, 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, Building Owners Management Association (BOMA) Professional Development Committee, the International Section of the American Bar Association’s Forum on Construction Law, Law Firm Sustainability Network, A/E ProNet, and the European American Bar Association. He is a member of the Construction Law Committee at the New York City Bar Association.
Steven NudelmanPartner at Greenbaum, Rowe, Smith & Davis LLP, Red Bank, NJ
Mr. 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. Mr. Nudelman’s 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.
Mark D Shifton
Partner with Gfeller Laurie
Mr. Shifton focuses his practice in the areas of complex civil and commercial litigation in the state and federal courts in New Jersey and New York. He represents owners, design professionals, and contractors in cases involving instruction disputes and catastrophic property losses, and he has extensive experience representing manufacturers, distributors, and retailers of a wide variety of industrial, consumer, and recreational products, including green building products, in both individual and class actions. Mr. Shifton regularly speaks to various legal, insurance, and industry organizations on various topics such as investigating and defending catastrophic property loss claims, construction defect litigation, and risk management. He also defends professional liability actions brought against attorneys, architects, and engineers, as well as the insurance industry and healthcare professionals. Mr. Shifton also maintains a practice in the area of green building and sustainable development. He has been accredited as a LEED Green Associate by the Green Building Certification Institute.
Founding member of Trif & Modugno LLC
Mr. Trif has a diverse practice in the areas of construction and complex commercial litigation. His representative clients include private owners, general contractors, subcontractors, utility and heavy highway contractors, renewable energy firms and manufacturers of building products. Mr. Trif regularly prosecutes and defends claims in various federal and state courts, as well as providing arbitration tribunals. He also concentrates in the area of labor disputes, public procurement, bid protests, negotiation of change orders and equitable adjustment claims. Mr. Trif also advises clients in the review, negotiation and drafting of construction contracts, as well providing guidance and counsel in project dispute resolution and project crisis management. Mr. Trif frequently authors articles and lectures to lawyers and construction industry professionals on topics related to the construction industry and construction law.
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 (email@example.com 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: New Jersey Construction Law
Delivery Method: Live Online
Course Description: This course on New Jersey construction law examines construction contracting and the legal rights and duties of project participants, handling change orders and dispute resolution, and insurance and bonding issues.
Learning Objective 1:
Learners will be able to identify and define key construction contract concepts and terms (performance, breach, indemnity, etc.) and describe the legal rights and duties of design service firms and other project participants.
Learning Objective 2:
Learners will be able to explain how to modify a contract and, when necessary, select the appropriate dispute resolution mechanism.
Learning Objective 3:
Learners will be able to define and differentiate between ordered changes and constructive changes.
Learning Objective 4:
Learners will be able to discuss and reference various types of construction bonds and insurance, and navigate claims and notice issues.
LUs: 3.5 LU Type: LU|HSWs.
Prerequisites: Some experience with construction and design projects
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 09/16/2024
Complaint Resolution Policy:
Complaints regarding this course can be emailed to firstname.lastname@example.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