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 PDT
Morning Session
8:30 – 11:40 am PDT
Break
11:40 am – 12:10 pm PDT
Afternoon Session
12:10 – 4:20 pm PDT

Distinguishing between Construction Defects and Failures                     W. Ohle
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. Loiselle
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                     E. Grasberger
Reviewing proposed use and preparing construction documents                  M. Milakovich
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                           M. Farnell
by Defects and Failures                                                                             D. Loiselle
Identifying parties with potential liability                                                   E. Grasberger
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                     W. Joseph
with Defects and Failures
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

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.

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

Professional Engineers
7.0 PDHs

Architects
7.0 HSW CE Hours

AIA  (AIA credits only available for attending live Webinar)
7.0 LU|HSWs

International Code Council
.70 CEUs (Building)


Continuing Education Credit Information

This webinar offers 7.0 PDHs to professional engineers and 7.0 HSW continuing education
hours to architects licensed in Oregon. Educators and courses are not subject to preapproval
in Oregon.

Professional engineers and architects seeking continuing education credit in other states will
be able to claim the hours earned with this webinar, in most cases. Refer to specific state rules
to determine eligibility.

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

HalfMoon Education is approved by the International Code Council as a continuing education
sponsor (Preferred Provider No. 1232). Course approval is applied for and pending in the 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

Michael E. Farnell

Partner with Parsons Farnell & Grein LLP
Mr. Farnell leads PFG’s insurance recovery group and its national policyholder practice. One of the most sought-after policyholder attorneys on the West Coast, he has represented businesses and individuals in disputes with insurance companies for more than 25 years, obtaining successful settlements, verdicts, and appellate decisions in a wide variety of insurance claims, including general liability, directors and officers, professional liability, property, employee dishonesty and fidelity bonds, and cyber. Mr. Farnell has been selected for inclusion in Oregon Super Lawyers® every year that designation has been available in Oregon and was named as one of the Top 50 lawyers in Oregon for 2018. He was also named to the Best Lawyers in America list for 2019. Raised and educated in Oregon and Washington, Mr. Farnell has deep roots in the Pacific Northwest. This translates into an extensive knowledge of the community and a deep commitment to the success of Northwest businesses. He is committed to maintaining relationships with his clients in order to provide each client with superior service.

Eric Grasberger

Partner, Stole Rives, LLP, Portland
Mr. Grasberger is a partner in the firm focusing his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, public contracts, bid disputes and public improvement exemptions. He joined the firm in 1991. He is Chair of Stoel Rives’ Construction and Design group and co-chair of Stoel Rives’ Sustainable Real Estate Development Team. Mr.Grasberger hasrepresented numerous private and public owners, developers and contractors in all facets of development and construction law. Significant engagements include energy and industrial plant construction, infrastructure projects, multifamily projects, and both commercial and residential high-rise and mid-rise projects. He is a frequent lecturer to the development industry and the Oregon Bar.

William Joseph

Partner, Dunn Carney, LLP, Portland
Mr. Joseph leads the firm’s Construction and Design Team and is also a member of the firm’s Litigation Team. His practice emphasizes serving as outside general counsel for construction industry clients who either do not employ their own in-house attorneys or who need counsel in areas outside their usual expertise. He advises developers, general contractors, subcontractors, design professionals, and real estate professionals, as well as product manufacturers and suppliers regarding matters ranging from entity formation and administration, to insurance and bonding, bidding and contracting, project administration and workouts, and liens and collections. Mr. Joseph also has significant litigation and dispute resolution experience including successful representation of clients in mediation, arbitration, court trials and appeals. He has litigated and tried construction and real estate-related disputes. Mr. Joseph is also adept at handling transactional matters that clients regularly encounter in any general construction practice, including business formation and administration, contract drafting, real estate transactions, employment matters, and other construction and design-related issues.

Darien S. Loiselle

Shareholder, Schwabe, Williamson & Wyatt, Portland
Mr. Loiselle leads a comprehensive construction practice for Schwabe’s Construction and Design Group. His clients include owners, general contractors, designers and engineers, specialty contractors, insurers and maritime interests. A member of Schwabe since 1992, Mr. Loiselle has extensive experience negotiating agreements, solving complex disputes and representing clients in litigation on major construction and marine projects.

Michael Milakovich

Michael Milakovich, AIA
Architect & Principal for WC4 West Coast Forensics Engineering and Design , LLC, Portland
Mr. Milakovich has been a pivotal part of the West Coast Forensics team since its inception in April 2006. He provides valuable forensic evaluation and litigation support for our attorney, insurance and site-owner clients. Projects include but are not limited to general construction investigations, premise liability, and expert witnessing. He also handles damage assessment and reconstruction design for fire, water and wind damage as well as design of repairs for water intrusion.

William J. Ohle

Shareholder, Schwabe, Williamson & Wyatt, Portland
Mr. Ohle has more than 20 years of experience representing clients in construction defect and housing accessibility claims, with an emphasis on claims involving design defects by architects and engineers. He defends design professionals against professional malpractice claims and drafts professional service contracts to minimize the risk of construction disputes and meet the needs of specific design disciplines and projects. Mr. Ohle also represents professional clients before regulatory boards including the Oregon Board of Architect Examiners, the Oregon Board of Examiners for Engineering and the Oregon Electrical and Elevator Board.

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 Oregon

Delivery Method: Live Online

Course Description: This 7.0 hour live lecture presentation covers the differences between construction defects and construction failures, analyzing common defects and failures, practices that reduce defects and failures, resolving disputes that are generated by defects and failures, and ethical issues that are associated with defects and failures.

Learning Objectives:

Learning Objective 1:
Learners will be able to distinguish between construction defects and failures and be able to discuss common causes of such, including design problems, suspect materials, construction methods, deterioration, unintended use, and natural events.

Learning Objective 2:
Learners will be able to adopt practices that reduce construction defects and failures, including reviewing proposed use of the structure, preparing and maintaining construction documents, complying with building codes and standards, proper material selection, monitoring construction, and correcting problems before project completion.

Learning Objective 3:
Learners will be able to participate in resolving disputes that are generated by defects and failures, including identifying parties with potential liability, engaging in conflict resolution procedures, and understanding insurance coverages.

Learning Objective 4:
Learners will be able to identify and avoid ethical pitfalls associated with construction defects and failures, including working outside of one’s area of competence, not understanding liability and indemnification provisions in construction documents, unsafe construction practices, and not honoring warranties and guarantees.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Experience with design and construction

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 02/08/2024

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