Preventing and Addressing Construction Defects and Failures
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Log into Webinar
8:00 – 8:30 am MST
Morning Session
8:30 – 11:45 am MST
Break
11:45 am – 12:45 pm MST
Afternoon Session
12:45 – 4:30 pm MST
Distinguishing between Construction Defects and Failures S. Powers
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 D. Farmer
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
Understanding Insurance Coverage Issues D. Bostwick
Commercial general insurance coverage for defects and failures
Design professional liability insurance coverage
Insurance carrier duty to defend
Handling Ethical Issues Associated with Defects and Failures D. Bostwick
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
Adopting Practices that Reduce Liability for Defects and Failures T. Foutz
Reviewing proposed use and preparing construction documents
Clearly allocating responsibilities: Who is doing what?
Allocating risks in contracts and subcontracts
Identifying applicable codes and standards
Communication, coordination and documentation
Monitoring and inspecting construction
Quality assurance and quality control
Stopping or suspending work
Correcting problems before project completion
Building operation and maintenance
Resolving Disputes Related to Defects and Failures L. Hinton
Identifying defenses to liability
Timelines, contractual defenses, crossclaims and counterclaims
Participating in conflict resolution procedures
Mediation, arbitration, litigation
Reviewing types of damages and how they are calculated
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.
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Credits
Professional Engineers
6.5 Professional Ed. Hours/PDHs
Architects
6.5 HSW Continuing Ed. Hours
6.5 AIA HSW Learning Units (AIA credits only available for attending live Webinar.)
International Code Council
.65 CEUs (Building)
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 professional
education hours/PDHs to professional engineers and
6.5 HSW continuing education hours to architects licensed
in Utah.
The American Institute of Architects Continuing Education
System has approved this program for 6.5 LU|HSW
(Sponsor No. J885). Only full attendance can be reported to
the AIA/CES.
Engineers and architects 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.
The International Code Council has approved this activity for
.65 CEUs in the specialty area of Building.
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
DARREL BOSTWICK
BOSTWICK & PRICE PCMr. Bostwick’s practice areas include real estate development; land use and planning; construction claims litigation; regulatory matters such as OSHA, labor and employment; and contractor licensing and general commercial litigation. He has presented at seminars on behalf of the Utah Land Title Association, the National Association of Home Builders, Utah Home Builders Association, Associated General Contractors, Associated Builders and Contractors, National Electrical Contractors Association and the Utah Sheet Metal Contractors Association. Mr. Bostwick is a member of the Utah State Bar (member and past chair, Construction Law Section). He is a member of the Associated Builders and Contractors (Utah Chapter Counsel and National PAC Trustee), the Associated General Contractors (past chair of Legislative Committee and Legal Advisory Committee), and the National Association of Home Builders (past Executive Committee member). He received a B.S. degree in Construction Management graduating top in class from Brigham Young University and a J.D. degree from Brigham Young University J. Reuben Clark Law School.
Dana Farmer
Dana Farmer Attorney at Durham Jones & Pinegar, P.C.
Mr. Farmer is a construction and commercial lawyer focused construction contracts,
disputes, litigation; and commercial transactions and litigation involving construction,
transportation and storage of goods, and the Uniform Commercial Code. As general or
legislative counsel to many construction trade groups in Utah, Mr. Farmer focuses his
practice on helping contractors, subcontractors and construction material suppliers resolve
problems with construction projects and sales accounts. This work includes the preparing
and filing construction notices, reviewing and negotiating contracts, and resolving contract
and payment disputes. Mr. Farmer also advises his clients about legal concerns relating to
the operation of their businesses, such as purchases and sales of businesses; employees;
buying, selling, or leasing business property; vendor agreements; licensing; and other legal
issues typical of businesses in the construction industry.
Tyler Foutz
Tyler Foutz Attorney at Fetzer Simonsen Booth & Jenkins, PC
Mr. Foutz’s law practice has focused on commercial litigation for the last 15 years. He
represents companies, both large and small; HOA’s; and individuals in disputes pertaining to
construction, real estate, landlord-tenant, and a variety of other areas. He became a partner
at Fetzer Booth in 2020. Before joining Fetzer Booth, Mr. Foutz was a partner at a commercial
litigation firm specializing in construction and real estate litigation. He has been involved in
litigation ranging from small disputes to complex multi-million dollar cases. Mr. Foutz has
successfully completed jury and bench trials in state and Federal Court and frequently appears
in courts in all districts in the State of Utah. He has also argued before the Utah Court of
Appeals and the Utah Supreme Court, and participated in arguments at the 10th Circuit Court
of Appeals. Mr. Foutz received his J.D. degree from the University of Oregon School of Law.
Loni Hinton
Associate attorney in Stoel Rives’ Construction and Design groupMs. Hinton is licensed to practice in Washington, Alaska, and California. She advises public and private owners, developers, contractors, subcontractors, design professionals, and production manufacturers on risk management, contract drafting and negotiation, course of construction disputes, mechanics liens, and construction defect claims. She regularly leverages her legal knowledge and expertise in the construction field to devise practical and cost-effective solutions to the issues facing her clients.
Scott Powers
Scott Powers Attorney at Snow Christensen & Martineau
Mr. Powers’ practice involves a broad range of commercial litigation matters with an
emphasis on construction, surety, and insurance-related issues. Licensed in Utah, Idaho,
and Nevada, Mr. Powers has litigated disputes across the Intermountain West. He has
successfully represented clients in a wide variety of legal matters including construction
contract claims, defect claims, surety bond claims, mechanics lien claims, insurance coverage
litigation, general liability claims, catastrophic injury claims, and class action lawsuits. His
experience working for multiple contractors, including union and non-union electrical
contractors, commercial landscaping companies, and systems integration companies,
provides insider expertise and knowledge to his construction litigation practice and allows
him to more closely understand the unique needs of these industry clients.
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 course examines the differences between construction defects and failures, common defects and failures, insurance coverages for defects and failures, ethical issues associated with defects and failures, practices that reduce defects and failures, and resolving disputes related to defects and failures.
Learning Objectives:
Learning Objective 1:
Learners will be able to distinguish between construction defects and failures and be able to identify insurance coverages that can rectify them.
Learning Objective 2:
Learners will be able to discuss how defects and failures are analyzed for methodology, causality and future avoidance, including defects and failures to the construction site, building design, foundation, design and construction of floors, wlls, and roofing, and mechanical and electrical systems.
Learning Objective 3:
Learners will be able to adopt practices that reduce construction defect and failure incidents, including code compliance, monitoring and inspecting construction, quality assurance and quality control, correcting problems before project completion, and construction document preparation and review,
Learning Objective 4:
Learners will be able to adhere to ethical standards associated with construction defects and failures, and they will be able to identify and describe strategies to resolve disputes related to defects and failures.
LUs: 6.5 LU Type: LU|HSWs.
Prerequisites: Familiarity with construction project management
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 12/08/2023
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.