Agenda

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

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

Monday, March 22, 2021
8:30 am – 4:30 pm PDT (incl. a 60-min. break)


Distinguishing between Construction Defects and Failures                     N. Maze, P. McKenna

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                     S. Millstein
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                     T. Swanson/ C. Mount
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                     L. Pflugrath
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                     J. Zahniser
 Reviewing proposed use and preparing construction documents                   T. O’Hanlon
Clearly allocating responsibilities: Who is doing what?                                                        N. Warburton 
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                                                                          J. Yand
Timeliness, contractual defenses, crossclaims and counterclaims
Participating in conflict resolution procedures
Mediation, arbitration, litigation
Reviewing types of damages and how they are calculated


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.

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

Credits

Professional Engineers:
6.5 PDHs

Architects:
6.5 HSW CE Hours

AIA:  (AIA credits only available for attending live Webinar)
6.5 LU|HSW

International Code Council:
.65 CEUs (Building)

Washington Attorneys:
Pending

 

Continuing Education Credit Information

Preventing and Addressing Construction Defects and Failures
This webinar offers 6.5 PDHs to professional engineers and 6.5 HSW continuing
education hours to architects licensed in Washington.

The American Institute of Architects Continuing Education System has approved
this course for 6.5 LU|HSW (Sponsor No. J885). Only full participation is
reportable to the AIA/CES.

Architects and 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 regarding limitations or prohibitions on state-specific coursework.
The International Code Council has approved this event for .65 CEUs in the
specialty area of Building (Preferred Provider No. 1232).

HalfMoon Education has applied to the Washington State Bar Association MCLE
Board for attorney course approval, which is under review and pending. Updates
can be found at www.halfmoonseminars.org under this course listing.

Speakers

Drew Duggan

Drew Duggan, Attorney at Miller Nash Graham & Dunn, LLP

Mr. Duggan is a litigator with the Miller Nash Graham & Dunn construction and real estate teams. He helps corporate and individual clients in commercial and residential real estate disputes, commercial leasing matters, and construction disputes of all sizes. Mr. Duggan knows that when problems arise with a project or a property, clients most often want the fastest solution to get their business back on track. In addition to his real estate and construction practice, Mr. Duggan also litigates a variety of maritime and admiralty claims. He has extensive courtroom experience, having tried multiple civil and criminal, jury and bench trials.

Natalya Maze

Natalya Maze, Attorney at Maze Law Group, PLLC

Ms. Maze is the founder and managing partner of Maze Law Group, PLLC. Her practice involves both transactional and litigation matters. She finds that her courtroom experience is valuable when advising clients on deals and contract terms. Over the last decade, Ms. Maze has helped countless design and construction clients—from owners and architects to contractors, subcontractors and everyone in between—with a wide-range of design and construction-related disputes involving insurance, professional and general liability claims, residential and commercial disputes, contract negotiations, mediation, arbitration and trial.

Patrick McKenna

Attorney at PMK Legal, PLLC

Patrick McKenna has a law practice that includes a focus on construction and contract law, from transactional work to ligation, helping everyone from owners to subcontractors. He is a graduate of the University of Washington School of Law.

Seth Millstein

Attorney at Pillar Law, PLLC

Mr. Millstein practices law all across Washington handling a range of litigation matters, with an emphasis on real estate and construction law. He earned his B.A. in English from Tufts University and his J.D. from the University of Oregon School of Law in 2002. He is admitted to practice in Washington, and Oregon.

Carrie Mount

Attorney at Miller Nash Graham & Dunn, LLP

Ms. Mount is a member of the firm’s litigation group who brings diligence, value, and commitment to our clients. She advocates for commercial policyholders in insurance coverage disputes and has assisted policyholders seeking recovery of insurance benefits from Commercial General Liability (CGL), Property, and Builder’s Risk policies. Ms. Mount is well versed in insurance bad faith claims and Washington’s Insurance Fair Conduct Act. She assists our construction clients in a variety of disputes, including lien, contract, and tort, and post-judgment claims, focusing on efficiency and cost-effective representation. Carrie is also experienced in general commercial litigation, including working with financial services, maritime, and eminent domain clients.

Tara O'Hanlon

Attorney at Miller Nash Graham & Dunn, LLP

Ms. O’Hanlon is a member of Miller Nash Graham & Dunn’s Construction, Condemnation, Real Estate, and Litigation teams. She focuses her practice on construction litigation and contract drafting and negotiation and condemnation. She has tried numerous multi-week trials and has extensive experience preparing and arguing motions for summary judgment, arbitrating claims, and successfully mediating complex multi-party cases. Ms. O’Hanlon’s construction work includes drafting and negotiating construction and design contracts on behalf of owners, contractors, and design professionals as well as negotiating and, if needed, litigating construction disputes including defect, payment, and delay claims. As part of her condemnation practice, she advises and represents municipal agencies in eminent domain law. Her real property litigation practice includes representation of individuals and businesses regarding contract disputes, restrictive covenants, and boundary disputes.

Lindsey Pflugrath

Attorney at Cairncross & Hempelmann, P.S.

Ms. Pflugrath has devoted her career to understanding the legal risks her clients face in the construction industry. Her clients include developers, owners, owner’s representatives, contractors, international multidisciplinary design firms, and local engineering and architecture firms. She takes great pride in offering an integrated suite of services to her clients, providing advice on risk management, contract negotiation and conflict resolution, as well as defending her clients from claims. Ms.  Pflugrath’s practice spans Alaska, Washington, Oregon and Arizona and she considers it an honor to counsel her clients as they change the way people live, work and travel in the Pacific Northwest. Ms. Pflugrath is deeply engaged with organizations in the field of construction and she holds numerous leadership positions as well as being recognized as an honorary American Institute of Architects (AIA) member. She is a respected leader in her field and a frequent presenter to industry organizations and professionals on a range of construction law topics.

Tristan Swanson

Attorney at Miller Nash Graham & Dunn, LLP

Mr. Swanson’s practice focuses on policyholder insurance coverage disputes against the world’s largest insurers, defending and bringing claims on behalf of contractors and developers, and ensuring that people get the benefit of their bargain from their real estate contracts. Mr. Swanson also helps prevent these disputes and he frequently advises clients relative to their policies, their contracts/transactions, and their operations. His litigation work has recovered tens of millions of dollars for his clients and his transactional work ensures that the necessity for these recoveries are avoided in the first place. Mr. Swanson prides himself on his ability to help clients reach successful outcomes by precisely tailoring strategies for each client’s unique situation; he is not a one-size-fits-all practitioner. He has frequently been able to settle disputes at their earliest stages by cutting to the chase, comprehensively providing a risk analysis, and deploying the appropriate leverage to get the job done. Tristan’s clients are not professional litigants—they are companies and individuals who want to make the best decisions relative to their dispute(s) and find ways to avoid the dispute next time.

Neil Warburton

Neil Warburton, PE, CPHC
Mr. Warburton is a Building Science Specialist and Professional Engineer who is committed to the success of every project, large or small. He works on a wide range of new building and existing building projects, and he is focused on exploring and integrating Passive House and high-performance buildings technologies, as well delivering Enclosure Commissioning services to make buildings better.

James Yand

James Yand, Attorney at Miller Nash Graham & Dunn, LLP
Mr. Yand is a partner and a member of the firm’s litigation practice team. He has more than 20 years of experience resolving disputes for business owners and individuals in construction law, products liability, e-discovery, franchise and commercial law. Clients in the Northwest and around the world know Mr. Yand as a reliable ally who practices with integrity and is focused on delivering results. Reputed for critical thinking and problem-solving, no matter the size of the case, he specializes in resolving high-conflict cases that often determine the continued success of the client’s interest. He seeks effective resolutions with cost-efficiency. From discovery conducted in Hong Kong to local cases filed in Seattle, Mr. Yand leverages his local-national-global knowledge.

Jacob Zahniser

Jacob Zahniser is an Attorney with Miller, Nash, Graham & Dunn, LLP. A construction lawyer, construction litigator, and trial attorney, Mr. Zahniser focuses his practice on construction and real estate litigation, as well as handling insurance coverage disputes arising from construction defects. As a construction lawyer, he has represented a wide variety of construction industry clients ranging from contractors, suppliers, and insurance policy holders and assignees, to commercial property owners, landlords, and homeowners associations. Mr. Zahniser is experienced in all forms of construction litigation, including payment disputes and lien claims, insurance coverage, leases, purchase and sale agreements, development rights, adverse possession, property lines and easements, and development disputes. He is also a member of the Executive Committee for the Oregon State Bar Construction Section.

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, walls, 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.

Webinar Price: $289.00