Agenda

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

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

Friday, March 18, 2022
8:30 am – 3:30 pm EST (incl. a 30-min break)

 

Agenda
Contract Law Primer for Engineers                     K. Dmochowsky
Reviewing the necessary elements of any contract
Understanding contract “legalese”
Determining performance
What constitutes a breach of contract?
What are damages and remedies?
Liability-shifting contract provisions: warranties, guarantees and indemnities
Making changes to contracts

Professional Liability Law                     R. Davies
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

Professional and General Liability Insurance for Engineers                     P. Earnest
Understanding business insurance coverage:
general liability vs. professional liability policies
Additional insureds: obtaining certificates of insurance
Understanding insurance policies:
• Indemnities
• Assignment
• Insurance availability
• Warranties, guarantees and certifications
Recognizing and responding to claims

Complying with NCEES Model Rules of Professional Conduct                   R. Bowman
Unauthorized practice of engineering
Practicing in other jurisdictions
Obsolete codes
Standards for responsible charge of engineering work
Sealing of documents

Handling Ethical Issues in Professional Engineering Practice                   R. Bowman
National Society of Professional Engineers’ Code of Ethics
Promoting health and welfare vs. managing business risk:
complementary or conflicting duties?
Watching the bottom line: identifying and balancing economic pressures
in design and construction
Protecting the environment: evolving standards of care and meeting
or exceeding legal requirements
Competence and integrating new technologies: identifying and balancing
the benefits and risks

 

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 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

Credits: Professional Engineers:
6.0 PDHs, Including 2.0 Ethics Hours

 

Continuing Education Credit Information
Pennsylvania Engineering Law & Ethics
This webinar is open to the public and offers 6.0 PDHs to professional engineers licensed in Pennsylvania. This includes 2.0 ethics hours in states that have ethics requirements. Educators and courses are not subject to preapproval in Pennsylvania.

Engineers seeking continuing education credit in other states will be able to claim the hours earned at this webinar, in most cases. Refer to specific state rules to determine eligibility.

Completion certificates will be awarded to participants who complete this event, respond to prompts and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

Speakers

Rebecca A. Bowman Esq. P.E.

Rebecca A. Bowman is a sole proprietor, practicing in dispute resolution, estate planning, civil engineering, real estate, legal services, strategic development, and training. She is experienced in dispute resolution, estate planning and administration, engineering design and forensic analysis, construction/project management, real estate, small business start-up, employment law, and nonprofit support. She is a registered professional engineer and a certified arbitrator and mediator. Mrs. Bowman writes a column for the PE Reporter, “Risky Business,” and she lectures for the Community College of Allegheny County, Pennsylvania State University, the Washington County Bar Association, the Pennsylvania Society of Professional Engineers and others. She earned her B.S. degree in Civil Engineering from the University of North Dakota, her M.B.A. degree from Oklahoma University, and her J.D. degree from Duquesne University. She recently joined the National Society of Professional Engineers as their Senior Director of Ethics and Professional Practice.

Richard J. Davis Hon. AIA

is a partner at Milber Makris Plousadis & Seiden LLP His practice focuses on the representation of engineers, architects, and other design professionals, as well as scientists and designers/manufacturers of complex products. He regularly acts as their consultant and advocate, particularly in respect to risk management, by negotiating contracts, addressing potential claims on projects, and regularly defending them in actions and proceedings initiated against them. Mr. Davies regularly handles cases involving errors and omissions affecting structural, mechanical, plumbing and fire protection systems, as well as accessibility (claimed violations of ADA, FHA, state or local accessibility requirements) in industrial, commercial, or residential buildings. He also handles schedule impact (e.g. delay, acceleration, and inefficiency) and extras claims; licensing prosecutions; and serious personal injury/wrongful death claims arising from construction projects. Mr. Davies is a frequent lecturer on professional liability issues for engineers and architects and other design professionals addressing issues relating to: licensing, contract negotiations, code requirements and design standards, copyright, and litigation avoidance. He serves as counsel to the AIA Philadelphia Chapter and to The Carpenters’ Company of the City and County of Philadelphia, serves on the Board of the Center for Architecture (he was its Chairman for 5 years), and is a lecturer on contracts for the Thomas Jefferson University College of Architecture and The Built Environment. He is also a member of the Legal Reform Task Force for the Government Affairs Committee of AIA Pennsylvania, a member of the ACEC Legal Counsel Forum, a member of the Claims and Litigation Management Alliance, and a Charter Fellow of the Construction Lawyers Society of America. Mr. Davies is also a contributing author to the Pennsylvania section of the Cumulative Supplement of the State-By-State Guide to Design and Construction Contracts and Claims (2nd Edition), published by Wolters Kluwer. In 2019, the American Institute of Architects recognized his contributions to the profession by granting him honorary membership at its National Convention.

Kevin J. Dmochowsky

is a partner at Milber Makris Plousadis & Seiden LLP.
His practice is focused primarily in the areas of construction law (with a focus on representing architects and engineers), products liability, and other complex litigation. Prior to joining MMP&S, Mr. Dmochowksy practiced at a Pittsburgh-based international law firm, where he handled a variety of products liability and complex commercial litigation matters in federal and state courts across the country. He has also coordinated the defense of thousands of mass-tort claims pending in various jurisdictions and developed and implemented national trial strategies as national counsel for several industrial products manufacturers. Mr. Dmochowsky graduated cum laude from Case Western Reserve University School of Law in 2007, where he was a member of Health Matrix: Journal of Law-Medicine. During law school, he served as a judicial extern to the Honorable Donald C. Nugent of the United States District Court for the Northern District of Ohio. Kevin graduated from Trinity College in 2004, with a B.A. in Political Science and Anthropology. Mr. Dmochowsky is licensed to practice in Pennsylvania and has substantial experience in many other states through pro hac vice admissions. He is also a Contributing Author to the Pennsylvania section of the Cumulative Supplement of the State-By-State Guide to Design and Construction Contracts and Claims (Second Edition) published by Wolters Kluwer.

Phillip R. Earnest

Phillip R. Earnest is a partner at Pietragallo Gordon Alfano Bosick & Raspanti, LLP. He chairs the firm’s Insurance Coverage and Construction practice groups. He primarily represents corporations in commercial and construction matters, insurance claims and litigation. Mr. Earnest also drafts and negotiates construction, indemnity, surety, and insurance agreements for owners, contractors, specialty subcontractors, design professionals, insurers, and sureties. Mr. Earnest has tried numerous jury trials and has successfully conducted commercial and construction arbitrations throughout the federal and state court systems of Pennsylvania and West Virginia. Additionally, he has conducted alternative dispute resolution proceedings such as the American Arbitration Association and private arbitration. Mr. Earnest is recognized in the 2021 and 2022 editions of The Best Lawyers in America for his practice in construction law and insurance.