Agenda

Monday, June 15, 2020
12:00 – 3:30 pm EDT (including a 30min. break)
Overview of Contract Law
A. Ferrini

   Understanding the basics of contract law
   Standard forms of agreement
   Negotiating contract terms
   Contract documents and formation
   Scope of services and changes
   Making changes to contracts

Meeting and Exceeding Federal, State
and Local Safety Requirements in the Age of Coronavirus
J. Ho

   Occupational Safety and Health Administration update
   State and local safety and health laws
   Best Practices for Safety and Health Compliance
   COVID-19 Considerations: General Duty Clause and Other Applicable Standards
   Update on OSHA’s recordkeeping and injury reporting rules including COVID-19 exposures

Tuesday June 16, 2020
12:00 – 4:00 pm EDT (including a 30min. break) 

Enhanced Environmental Compliance
L. Shaw

   Accommodating natural resource protection laws
      – wetlands, critical areas, flood plains, endangered species, etc.
   Accommodating existing site contamination in design and
      – including soil and groundwater contaminants, asbestos or lead in existing structures
   Managing materials generated by construction, including excavated soils
   Use of virgin or recycled materials for fill
   Meeting air quality standards

Handling Ethical Issues in Construction
K. Silverberg

   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
J. Egan, S, Sverdlov

   What standards apply and when?
   Legal landscape for accessibility compliance in public accommodations and housing
   Common accessibility “pitfalls” for design and construction professionals
   Federal Standards
      • ADA Standards for Accessible Design
      • Fair Housing Accessibility Guidelines

Webinar Instructions

Each webinar session earns continuing education credit and can be registered for individually. 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 will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements: 
Windows 7 – 10 or Mac OSX 10.9 (Mavericks) – 10.14 (Mojave)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled


Internet connection: Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com.

S. Sverdlov

Credits

Architects:
     6.5 CE Hours
     AIA 3.5 LU|HSW
     AIA 3.0 LU|Elective

Professional Engineers:
     6.5 PDHs
     (including 1.0 Ethics PDH)

ICC:
     .65 CEUs (Administration)

Continuing Education Credit Information Details

These webinars are open to the public. New York Construction Law Day 1 offers architects 3.0 continuing education hours (3.0 AIA LU|Elective) and New York Construction Law Day 2 offers architects 3.5 HSW continuing education hours (3.5 AIA LU|HSW).

HalfMoon Education is deemed a New York-approved continuing education provider for engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)). Halfmoon Education is an approved continuing education sponsor for engineers licensed in New Jersey (Approval No. 24GP0000700).

These events are approved by the American Institute of Architects Continuing Education System. Only full attendance is reportable to the AIA/CES. The AIA/CES approval qualifies these events for New Jersey architects.

Speakers

John Egan

Seyfarth Shaw LLP

Partner and Attorney at Seyfarth Shaw LLP
Mr. Egan is a partner at Seyfarth Shaw LLP, where he defends public accommodations, housing providers, and employers in civil rights litigation throughout the United States. As a member of Seyfarth’s ADA Title III national specialty team, he focuses his practice on disability access issues. Mr. Egan has extensive experience in single plaintiff and class action litigation involving architectural barriers, website accessibility, effective communication, service animals, and other issues arising under Title III of the Americans with Disabilities Act (ADA), and the Fair Housing Act (FHA), as well as state and local disability access laws. Mr. Egan currently serves as chair of the Disability Law Committee of the New York City Bar Association.

Alexander F. Ferrini III

Partner and Attorney at Olshan Frome Wolosky LLP

Mr. Ferrini has served as lead construction contract writer and negotiator for private, corporate, and institutional projects, ranging from school district facility upgrades to the restoration of historic and iconic buildings, new multiuse developments of up to $500 million, and first-of-their-kind buildings in the New York City area. He has developed novel agreements and strategies to assist owners in moving their projects forward and has resolved complex claims that have paved the way for major new projects in multiple metro locations. Clients benefit from his extensive trial and appellate court experience and his cross-disciplinary approach in addressing their issues. Mr. Ferrini also has extensive dispute-resolution experience, resolving wide-ranging construction disputes in and out of court, including delay, construction defect, change orders, and lien foreclosure claims, as well as issues regarding mistakes, concealed conditions, bid challenges, and design professional malpractice. He taught Construction Law in the LL.M. program at New York Law School and has authored numerous articles on construction and design industry topics. In addition, he serves as a fellow of the Construction Lawyers Society of America, an invitation-only construction lawyer honorary society with membership limited to 1,200 practicing fellows from around the world. Mr. Ferrini has his own practice, but is also Of Counsel at Olshan Frome Wolosky, LLP.

John Ho

Cozen O’Connor

Attorney and OSHA Practice Chair at Cozen O’Connor
Mr. Ho is the chair of his firm’s OSHA Practice. He exclusively represents employers on all labor and employment matters and regularly handles wage and hour matters involving federal and state laws, such as the Fair Labor Standards Act, the New York Labor Law, New York’s Miscellaneous Industries Wage Order, and New York’s Hospitality Wage Order which includes numerous cases involving New York’s Wage Theft Prevention Act, tip credits and tip pooling issues.

Linda R. Shaw

Partner, Knauf Shaw LLP

Linda R. Shaw concentrates her law practice in environmental, land use and municipal transactional law, and civil litigation and appeals. She represents developers, municipalities, property purchasers and businesses in matters involving the New York State Department of Environmental Conservation (DEC), brownfield or contaminated real estate, petroleum spills, zoning matters, environmental impact statements, and green industrial, alternative energy, and general project development work. Ms. Shaw established Knauf Shaw with partner Alan Knauf in 1998. Seven years before that, she commenced her legal career at Harris Beach PLLC, the New York Power Authority and City of New York Corporation Counsel’s office. Her seven years in the public sector for the City of New York in the Department of Sanitation and the Mayor’s office of Operations has also provided her with the experience to navigate government processes to obtain the most rapid approvals. The focus of Ms. Shaw’s practice on the redevelopment of brownfield property has resulted in a number of significant projects being constructed on formerly contaminated real estate including projects such as The Shops at Atlas Park in Glendale, Queens, Silver Towers on 41st Street; Clinton Green on 52-53rd Street in Manhattan; Erie Harbor on the Genesee River in Rochester; the Ritz Carlton in White Plains, and many others still in progress from Suffolk County on Long Island, up the Thruway to Yonkers and Albany, and over to Niagara Falls, New York. Her statewide practice has provided her with experience in each DEC region of New York State.

Karl Silverberg

Silverberg P.C.

Founding Attorney, Silverberg P.C., Central Islip, New York
Prior to law school, Mr. Silverberg worked as a professional engineer and has eight years of experience working as a structural engineer on public sector transportation projects. He represents those in the construction chain including owners, general contractors, subcontractors, suppliers, architects, engineers, and construction managers. Mr. Silverberg represents clients in the New York City and the Long Island regions. He handles cases in state court, federal court, bankruptcy court, administrative tribunals and in arbitration. Mr. Silverberg graduated college in 1991 from Rensselaer Polytechnic Institute with a degree in engineering. In 2003, he graduated from St. John’s University School of Law in New York and has practiced construction law for over 10 years.

Sam Sverdlov, Attorney at Seyfarth Shaw LLP

Attorney at Seyfarth Shaw LLP
Mr. Sverdlov defends and counsels employers on a wide range of employment and labor-related issues, including traditional labor law, whistleblower retaliation, OFCCP compliance, affirmative action, pay equity, complex discrimination, class and collective actions, and wage and hour matters. Mr. Sverdlov’s practice includes a strong emphasis on complex labor relations issues, including union campaigns, impasse bargaining, unilateral implementation issues, scope and composition of bargaining units, and Section 10(j) relief.

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: New York Construction Law: Contracts and Workplace Safety

Delivery Method: Live

Course Description: This 3.0 hour live lecture presentation examines contract law and worksite safety issues pertinent to New York design and construction professionals, including standard forms of agreement, negotiating contract terms, contract documents and formation, and Occupational Safety and Health Administration updates on workplace safety in light of COVID-19.

Learning Objectives: 

Learning Objective 1:
Learners will be able to apply acquired skills in negotiating contract terms.

Learning Objective 2:
Learners will be able to differentiate standard form of agreement and be able to determine appropriate forms depending on the scope of the work.

Learning Objective 3:
Learners will be able to explain the acceptable methods to making changes to contracts.

Learning Objective 4:
Learners will be able to discuss OSHA’s general duty clause for employers to provide a safe workplace that is free from understood hazards, particularly with the general threat of COVID-19.

Learning Objective 5:
Learners will be able to reference and comply with state and local safety and health laws that address the risk of coronavirus in the workplace.

LUs: 3.0                                                                                              LU Type: LU|Elective

Prerequisites: Experience with construction management

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 04/20/2023

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.

______________________________________________________________________________________________________________________________________

Course Title: New York Construction Law: Environmental Compliance, Ethics and Accessibility Standards

Delivery Method: Live

Course Description: This 3.5 hour lecture presentation examines three aspects of construction law. One, natural resource protection of wetlands, critical areas, floodplains and endangered species, accommodating existing site contamination in design, Two, recognized, responding to, and avoiding ethical practices in construction. Three, determining when accessibility standards of the ADA and the Fair Housing Accessibility Guidelines apply to projects. environmental law compliance, including natural resource protection, accommodating existing site contamination and managing construction materials.

Learning Objectives: 

Learning Objective 1:
Learners will be able to reference and comply with applicable natural resource laws designed to preserve and protect wetlands, floodplains and endangered species when placing and designing structures.

Learning Objective 2:
Learners will be able accommodate site contamination regulations for existing structures, including the presence of soil and groundwater contamination, asbestos, and lead.

Learning Objective 3:
Learners will be able to properly manage materials generated by construction, including excavated soils, and they will be able to explain the environmental advantages of using recycled materials for fill.

Learning Objective 4:
Learners will be able to recognize and avoid unethical practices in construction that threaten the interests of project owners, other project parties, and the public.

Learning Objective 5:
Learners will be able to determine which federal accessibility standards apply to specific projects, the Americans with Disability Act or the Fair Housing Accessibility Guidelines.

LUs: 3.5                                                                                              LU Type: LU|HSWs.

Prerequisites: Experience with project management

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 04/20/2023

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.