Agenda

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

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

Friday, May 31, 2024
8:30 am – 5:00 pm CDT

 

Distinguishing between Construction Defects and Failures
Presented by: Collins Ofori-Amanfo

  • Defining defects
    •  Causes of defects: problems with design, materials and/or construction
  • Defining failures
    •  Causes of failures: deterioration, unintended use, “Acts of God”

Examining Common Defects and Failures 
Presented by: Collins Ofori-Amanfo

  • Analyzing defects and failures for methodology and causality
    •  Site selection and engineering
    •  Building design
    •  Foundation design and construction
    •  Design and construction of floors, walls and roofing
    •  Exploring defects and failures in mechanical and electrical systems

Adopting Practices that Reduce Defects and Failures
Presented by: Matthew T. Smith & Christopher A. Ferlito

  • Reviewing proposed use and preparing construction documents
  • Complying with building codes and standards
  • Choosing materials and construction techniques
  • Construction site communication, coordination and other practices that minimize problems
  • Monitoring construction
  • Quality assurance and quality control
  • Correcting problems before project completion
  • Building commissioning, operation and maintenance

Preventing and Resolving Disputes Generated by Defects and Failures
Presented by: Vincent T. Pallaci

  • Identifying parties with potential liability
  • Understanding theories of liability and defenses to liability
  • Acting to remediate defects/failures
  • Participating in conflict resolution procedures:
    • Mediation, arbitration, litigation
  • Reviewing types of damages and how they are calculated
  • Insurance coverage issues

Handling Ethical Issues Associated with Defects and Failures
Presented by: R. Bowman

  • Understanding the parties roles and relationships
  • Understanding the liability and indemnification provisions in construction documents
  • Duty to raise potential safety, durability issues
  • Making warrantees and guarantees
  • Working outside areas of competence

 

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.

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 Mavericks (10.9) – macOS Catalina (10.15)

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 

Credits

Engineers
7.0 PDHs Including 1.0 Ethics Hour

Architects
7.0 HSW CE Hours

AIA - American Institute of Architects
7.0 LU|HSW

ICC - International Code Council
.7 CEUs (Building)

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 7.0 PDHs, including 1.0 ethics hour, for professional engineers and 7.0 HSW continuing education hours for licensed architects in all states that allow this learning method. Please refer to specific state rules to determine eligibility.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider License No: CEA362), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). HalfMoon Education is deemed an approved continuing education sponsor for New York 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)). Other states do not preapprove continuing education providers or courses.

The American Institute of Architects Continuing Education System has approved this course for 7.0 HSW LUs (Sponsor No. J885). Only full participation is reportable to the AIA/CES.

The International Code Council has approved this event for .7 CEUs in the specialty area of Building (Preferred Provider No. 1232).

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).

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate. The following pre-approvals may be available for the on-demand format upon request:

7.0 HSW LUs (AIA)

Speakers

Rebecca Bowman, Esq., P.E., D.F.E.

Attorney at Law Office of Rebecca Bowman, Principal, in Pennsylvania

Ms. 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. Ms. Bowman is a registered professional engineer and a certified arbitrator and mediator. She 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. Ms. Bowman 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 just completed her Certificate in Sustainability Policy from Penn State and has recently joined the National Society of Professional Engineers as their Senior Director of Ethics and Professional Practice.

Christopher Ferlito

Senior Attorney at Clark Hill in Detroit, MI

Mr. Ferlito represents a broad range of clients including business entities, construction companies, insurance companies, individuals, owners, developers, general contractors, subcontractors and suppliers. He regularly represents clients on numerous issues including contract claims, non-payment issues, defective work, negligence claims, violations of the Construction Lien Act, delay claims, insurance issues, lease disputes, real property matters and collection matters.

Collins O. Y. Ofori-Amanfo, P.E.

Owner and Board Certified Diplomate Forensic Engineer, Principal Engineer

Mr. Ofori-Amanfo’s broad-based experience includes investigation of collapsed structures, investigation of construction defects and damage, investigation of condensation in building envelopes, evaluation of roof and wall leakage, field water spray testing of windows, and assessment of wind and hail damage. His work also involves giving expert testimony and assisting attorneys in resolving disputes over construction and materials-related problems. Prior to establishing Collins Forensics LLC, Mr. Ofori-Amanfo previously worked for many years at Wiss, Janney, Elstner Associates, Inc. (WJE), the Illinois Department of Transportation, and Twin City Testing Corporation. He received his B.S. degree in Civil Engineering from the University of Science and Technology in Ghana and his M.S. degree in Structural Engineering from the University of Minnesota, Minneapolis. Mr. Ofori-Amanfo is a registered professional engineer in Minnesota, Wisconsin, Iowa, Illinois, North Dakota, Nebraska, and Missouri.

Vincent T. Pallaci, Esq.

Managing Member of Kushnick Pallaci PLLC in Bohemia, NY

Mr. Pallaci is the firm’s managing member and focuses his practice on complex construction, business and insurance litigation. He represents general contractors, developers, subcontractors, owners, construction managers, architects and engineers in a wide variety of disputes including defective construction, excavation and property damage litigation, delay, scope of work disputes, mechanic’s lien foreclosure and defense, defense of OSHA violations, ECB violations, construction license agreements, labor law claims and employment claims. Mr. Pallaci has successfully represented clients in arbitration and mediation as well as in state and federal litigation. His clients have ranged from small locally owned businesses to nationally and internationally known members of the Fortune 1000 and S&P 500. Mr. Pallaci is a Fellow in the Construction Lawyers Society of America, holds the highest possible “AV Preeminent” rating from Martindale Hubble, is recognized as a “Top Construction Attorney” by AVVO and has been recognized as a “rising star” by Super Lawyers magazine every year since 2012. In addition to his legal practice, Mr. Pallaci is a former chair of the Nassau County Bar Association’s Construction Law Committee and has lectured and written more than 100 articles on construction law topics, including strategies for mitigating and avoiding loss and effective payment recovery options.

Matthew Smith

Member of Clark Hill in Lansing, MI

Mr. Smith is a full-service construction attorney handling a large portfolio of suppliers, subcontractors, developers, engineers and general contractors in a variety of construction and commercial litigation matters. A seasoned attorney, He handles matters involving construction liens, bonding and surety claims, contracts, bankruptcy, creditors’ rights, labor, real estate, and design and construction defect litigation. Mr. Smith is experienced in business, bankruptcy, construction, creditors’ rights, real estate, and civil litigation

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: Preventing and Addressing Construction Defects and Failures

Delivery Method: Live Online

Course Description: This seven-hour course examines the difference between a construction defect and a construction failure, their causes and consequences, practices that reduce defects and failures, and how to resolve disputes that are generated by defects and failures. This course also examines ethical concerns involved with defects and failures.

Learning Objectives:

Learning Objective 1:
Learners will be able to define defects and failures, identify their causes, and explain the differences between them.

Learning Objective 2:
Learners will be able to describe the procedures for examining and analyzing common defects and failures for methodology and causality in the foundation, floors, walls, roofs, and mechanical and electrical systems.

Learning Objective 3:
Learners will be able to adopt practices that reduce defects and failures, including code compliance, proper material selection, construction monitoring, quality assurance and control, building commissioning, and maintenance.

Learning Objective 4:
Learners will be able to discuss ethical issues associated with defects and failures such as a professional’s duty to raise potential safety and durability issues and to not work outside of their areas of competence.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Knowledge of construction design and construction

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 03/22/2027

Complaint Resolution Policy:

Complaints regarding this course can be emailed to fchapman@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.