Agenda

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

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

Wednesday, July 10, 2024
8:30 am – 3:30 pm CDT

 

Distinguishing between Construction Defects and Failures 
Presented by: L. Shields &  B. Gordon

  • Defining defects
  • Causes of defects: problems with design, materials and/or construction
  • Identifying design and construction practices that could increase/decrease the likelihood of defects
  • Defining failures
  • Causes of failures: deterioration, unintended use, “Acts of God”
  • Identifying practices that can increase/decrease the likelihood of failures

Examining Common Defects and Failures
Presented by: C. Miller

  • 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

Handling Ethical Issues Associated with Defects and Failures
Presented by: S. Eccles & C. Sauls

  • 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

Preventing and Resolving Disputes Generated by Defects and Failures
Presented by: A. Vicknair

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

   

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
6.0 PDHs

Architects
6.0 HSW CE Hours

AIA - American Institute of Architects
6.0 LU|HSW

ICC - International Code Council
.6 CEUs (Building)

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers and 6.0 HSW continuing education hours for licensed architects in Louisiana.

The American Institute of Architects Continuing Education System has approved this course for 6.0 HSW LUs (Sponsor No. J885). Only full participation is reportable to the AIA/CES.

The International Code Council has approved this event for .6 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:

6.0 HSW LUs (AIA)

Speakers

Susan N. Eccles

Adams and Reese LLP.

Ms. Eccles serves as the Partner in Charge of the Adams and Reese Baton Rouge office, while maintaining a diverse legal practice centered on construction, state and federal procurement/government contracts, commercial litigation, and professional liability. She graduated from the CABL Leadership Louisiana Class of 2022, among the more than 50 business leaders from across the state networking to gain awareness of the more critical issues in Louisiana, including economy, healthcare, transportation, education, coastal issues, and poverty, among others.

Elizabeth “Betsy” L. Gordon

Irwin Fritchie Urquhart Moore & Daniels, LLC.

Ms. Gordon concentrates her practice in the areas of construction/surety law and commercial litigation. She has experience representing owners, contractors, subcontractors, and design professionals in all aspects of construction from contract negotiation and drafting, claim drafting and counseling during construction, and claims resolution in state and federal courts and before arbitration panels. Ms. Gordon has handled these issues involving private owners and state and federal agencies. She has handled state and public lien law claims and federal Miller Act claims. Other practice areas include commercial litigation, products liability, and mass tort litigation.

Ms. Gordon regularly lectures on construction law topics, including Louisiana lien law, general Louisiana and Federal construction law, construction defect insurance law and surety law. She is a member of the Board of the Surety Claims Institute.

Chuck Miller

Chuck Miller Consulting, LLC

Mr. Miller has over 55 years of construction industry experience. He is a nationally recognized design-build custom home builder and remodeler, owner of Chuck Miller Consulting LLC and Chuck Miller Education Services LLC, author of Plan to Profit: Business Planning for Builders and Remodelers, and former president and CEO of Chuck Miller Construction Inc. The residential construction industry is important to the financial health of the nation. However, small businesses in the construction industry have the second highest failure rate of all industries. Chuck wrote Plan to Profit: Business Planning for Builders and Remodelers to share his knowledge and expertise with other construction industry professionals with the goal of decreasing that failure rate. As Chuck Miller Consulting LLC, Chuck provides business planning and coaching, construction mediation and arbitration services, aging-in-place design consultation, construction project management for owner-builders, initial decision maker services, and expert witness services. His clients are small volume builders, remodelers, and construction trade contractors; owner-builders undertaking residential or light commercial construction projects; government licensing boards, and attorneys specializing in construction-related issues. Chuck Miller Consulting’s clients include the Idaho Division of Occupational and Professional Licenses Contractors Board. From November 2010 through June 2022, Chuck reviewed 572 consumer complaints against contractors and rendered his written professional opinion on the quality of the contractor’s workmanship and compliance with Idaho building codes, statutes, rules and code of ethics governing construction in the state. Chuck is a Construction Disputes Resolution Services certified construction mediator, arbitrator, and dispute resolution board member and an associate member of the American Bar Association.

Claire E. Sauls

Adams and Reese LLP Practicing Law since 2015

Ms. Sauls received both her J.D. and Graduate Degree in Comparative Law from Louisiana State University Paul M. Hebert Law Center, graduating cum laude. While in law school, She served as an executive member of the Moot Court Board. Additionally, she completed an externship in the First Circuit Court of Appeals and trained to mediate resolution of conflicts through her involvement in the Civil Mediation Clinic. Ms. Sauls was recognized by the Wex S. Malone Inns of Court for excellence in Trial Advocacy and received the CALI award in Contracts. She earned her undergraduate bachelor of science degree in Marketing from LSU.

Lloyd N. "Sonny" Shields

Irwin Fritchie Urquhart Moore & Daniels, LLC

Mr. Shields has more than 43 years of experience in construction industry litigation and contracts; construction law; surety law (primarily construction contract bonds); insurance defense (including CGL, first party property, and architects’ and engineers’ errors, and omissions coverage); products liability; zoning and planning law practice, including administrative hearings; patent, trademark, and copyright litigation; and general litigation, including appeals.

For more than 30 years Mr. Shields was an adjunct professor at Loyola Law School on the subject of the Louisiana Code of Civil Procedure and has taught for nearly 30 years at Tulane Law School on the subject of Historic Preservation Law. He has delivered more than 200 papers and presents on numerous aspects of construction and surety law, and lectures on those subjects as well as on negotiation and mediation skills and practices.

Andrew G. Vicknair

Founding Partner at D’Arcy Vicknair in New Orleans, LA

Mr. Vicknair worked as a software engineer for a major medical manufacturer and as an electrical engineer for a major chemical manufacturer prior to entering law school. He graduated from Louisiana Tech University with a BS degree in both Electrical and Biomedical Engineering and obtained his law degree from Loyola Law School in New Orleans. He has taught Louisiana Construction Law at Loyola law school as an assistant adjunct professor. Mr. Vicknair is licensed to practice law in the states of Louisiana, Texas and New York and is a licensed patent attorney. He regularly uses his prior work experience as a part of his legal practice. He is one of the founding partners at D’Arcy Vicknair, LLC. Mr. Vicknair’s primary practice areas include construction law, construction litigation, surety law, and all phases of intellectual property, including litigation, prosecution, and transactional matters. He also practices in commercial litigation and claims related to construction defects, payment disputes, subcontractor claims, owner claims, and claims by general contractors. Mr. Vicknair lectures on construction law topics such as Louisiana lien law and general Louisiana construction law as well as intellectual property law topics, including trademarks, patents and copyrights.

 

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 in Louisiana

Delivery Method: Live Online

Course Description: This course is intended to assist design professionals with understanding the causes and effects of construction defects and failures and to provide guidance to prevent and address these issues. The course distinguishes between defects and failures, identifies the causes of each, provides preventative practices and techniques, offers resolution strategies, and explores ethical issues related to construction defects and failures.

Learning Objectives:

Learning Objective 1:
Learners will be able to distinguish between construction defects and failures, and understand the causes of each, such as faulty design, material deterioration, unintended use and “Acts of God.”

Learning Objective 2:
Learners will be able to analyze common defects and failures for methodology and causality, including in site selection, building design, foundation construction, wall and roof systems, and electrical and mechanical systems.

Learning Objective 3:
Learners will be able to resolve disputes generated by defects and failures by understanding types of damages, acting to remediate defects/failures, and participating in conflict resolution.

Learning Objective 4:
Learners will be able to handle ethical issues that may arise from construction defects and failures, understand their duty to raise potential safety and durability issues, and prevent working outside of areas of competence.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Knowledge of construction design and construction

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 05/15/2027

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.

Streamable MP4/PDF Price: $349.00

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