Agenda

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

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

Thursday, June 27, 2024
9:00 am – 4:00 pm EDT

 

Presented by: John J. Cronan, III, and Patrick C. Brady

Contract Forms

  • AIA
  • ConsensusDOCS
  • EJCDC
  • Other/Custom

Construction Contract Essentials

  • Contract terminology: scope, parties, consideration, term, performance, substantial performance, breach, remedies, damages
  • Roles and relationships of project participants: owners, architects/engineers, construction managers, contractors, subs, and suppliers
  • Understanding the project delivery system: traditional design-bid-build, design-build, construction manager at risk, multiple prime contractor, owner control
  • Understanding types of construction contracts: lump sum, cost plus, time and materials, unit pricing
  • Exploring the law of construction contract interpretation

Reviewing Project Documents

  • Use of standard forms or custom documents
  • Agreement Performance bond
  • Payment bond
  • Contract conditions (general and supplementary)
  • Specifications (Format, CSI 1995 and 2004)
  • Shop drawings
  • Contract modifications (change orders, directives, etc.)

Examining Legal Issues and Contract Disputes (A – Changes)

  • Changed conditions
  • Delays, acceleration
  • Identifying the change and its origin
  • Communicating and documenting the change
  • Doing (or not doing) the work

Examining Legal Issues and Contract Disputes (B – Claims/Liens)

  • Handling payment claims and final payments

Examining Legal Issues and Contract Disputes (C– Warranties)

  • Understanding contractual and statutory warranties

Dispute resolution

  • Mediation
  • Arbitration
  • Litigation

Disputes in Insurance/Bonding

Handling Ethical Issues in Construction Contracting

  • Ethics False Claims Act
  • Certifications
  • Pass-through claims

   

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 Hour Learning Opportunity

AIA - American Institute of Architects
6.0 LU|Elective

ICC - International Code Council
.6 CEUs (Administration)

Attorneys
6.0 CLE Hours (Incl. 1.0 Ethics Hour)

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers and provide a 6.0-hour learning opportunity to architects licensed in Maine. Continuing education courses and providers are not subject to pre-approval in Maine.

The American Institute of Architects Continuing Education System has approved this course for 6.0 Elective 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 Administration (Preferred Provider No. 1232).

The Maine Board of Overseers of the Bar has approved this webinar for 6.0 CLE hours, which includes 1.0 ethics hour.

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 Elective LUs (AIA)

Speakers

Patrick C. Brady

Attorney with Bergen Parkinson

Mr. Brady is a seasoned attorney with a focus on business, construction and real estate law. Based in Kennebunk, Maine, he brings a wealth of experience and a distinguished track record of success to his practice at Bergen Parkinson. He is known for his ability to provide practical and strategic guidance to clients across a broad spectrum of legal matters. As an attorney with a particular passion for the construction industry, he is a formidable advocate for clients involved in the construction industry of all sizes and complexities. Mr. Brady routinely represents owners, general contractors, subcontractors and suppliers with contract drafting and negotiation, mechanic’s liens, construction defects, dispute resolution, and compliance with state and federal regulations. His comprehensive but practical, pragmatic approach enables clients to navigate the legal complexities inherent in construction projects with confidence, clarity and efficiency. In addition, he maintains a robust general business and real estate law practice where he advises clients on entity formation, contract negotiation, corporate governance, financing, and residential and commercial real estate transactions. Mr. Brady honed his skills at a prominent Portland law firm and also served as in-house counsel for a large national general contractor prior to joining Bergen Parkinson.

John J. Cronan, III

Attorney with PretiFlaherty

Mr. Cronan is a Partner in the firm’s Litigation, Construction, and Workers’ Compensation Practice Groups. In his practice, he focuses on regional and national matters, including commercial litigation. He counsels construction clients with contract issues and resolving disputes involving public and private construction projects. In this capacity, he has represented owners, general contractors, specialty contractors, and subcontractors. In addition, he regularly counsels clients navigating costly workers’ compensation claims, insurance issues, or creditor’s rights disputes. Mr. Cronan represents national insurance companies and group self-insurers before state courts, regulatory agencies, and mediators, and has argued before the Maine Law Court. In addition to his focus on workers’ compensation, his work includes defense of insurance claims. As an experienced trial attorney, he understands that being court-ready means having the right information and resources to dismantle the opposition as quickly and thoroughly as possible. Mr. Cronan enjoys the investigation, research, and preparation that help him win in court, and secure favorable pre-trial settlements for his clients. Before joining the firm, he served as a law clerk within the Civil Litigation Department of a law firm in Boston, and as an intern with the Worcester County District Attorney’s Office in Worcester, Massachusetts. While in law school, he served as Associate Editor and Executive Technical Editor of the New England Journal on Criminal and Civil Confinement.

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: Maine Construction Contracting

Delivery Method: Live Online

Course Description: This six-hour course explores the forms, terminology, contract types, project documents, legal issues, disputes and resolutions, ethical concerns, insurance, and bonding that are used in construction contracting. The course will cover the essentials of construction contracts, review different types of forms and contracts, and discuss various legal and ethical issues that may arise in contracting.

Learning Objectives:

Learning Objective 1:
Learners will be able to define the roles and relationships of project participants, including the owner, architect, engineer, manager and subcontractors, and understand the differences between contract types.

Learning Objective 2:
Learners will be able to examine legal issues and contract dispute resolution strategies, including mediation, arbitration and litigation.

Learning Objective 3:
Learners will be able to explore ethical issues in construction contracting related to the False Claims Act, certifications, and pass-through claims.

Learning Objective 4:
Learners will be able to identify contract changes, their origins, understand their impact on delays or accelerations, communicate and document the change, and complying with the change.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: None

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 04/29/2027

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.