Agenda

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

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

Tuesday, June 25, 2024
9:00 am – 4:30 pm EDT

 

Best Practices for Preventing Problems During Construction
Presented by: John McNamara

  • Communication
  • Documentation
  • Scheduling and cost control
  • Quality assurance/control

Understanding Construction Contract Essentials
Presented by: Stanley A. Martin

  • Examining contract terminology: parties, consideration, term, performance, substantial performance, breach, remedies, damages
  • Studying 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

Making Ordered Changes
Presented by: John McNamara

  • Making the process easy
  • Documenting and communicating changes
  • Turning a constructive change into an ordered change

Payment Leverage in Tough Times
Presented by: J. Nathan Cole

  • Private jobs: Prompt Pay and Retainage Act; Tocci
  • Public jobs: bonds and demand for direct payment (for subcontractors)
  • For public/private: interference with contractual relations; 93A against design professionals
  • Attorney’s fees
    •  Contract
    •  93A
      • Prompt pay
      • Bonds

Examining Legal Issues and Contract Disputes
Presented by: David L. Fine

  • Changed conditions
  • Project documentation
  • Delays, acceleration
  • Handling payment claims and final payments
  • Resolving disputes through mediation, arbitration, litigation
  • Understanding contractual and statutory warranties

Reviewing Project Documents
Presented by: Omair Sohail

  • 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.)

   

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
7.0 PDHs

Architects
7.0 HSW CE Hours

AIA - American Institute of Architects
7.0 LU|HSW

ICC - International Code Council
.7 CEUs (Administration)

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 7.0 PDHs for professional engineers and 7.0 HSW continuing education hours for licensed architects in Massachusetts.

HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). HalfMoon Education is deemed an approved continuing education sponsor for New York engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)). Other states do not preapprove continuing education providers or courses.

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.

The International Code Council has approved this event for .70 CEUs in the specialty area of Administration (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 may not be eligible for the same credits as the live presentation; 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:

7.0 HSW LUs (AIA)

Speakers

J. Nathan Cole

Shareholder at Kenney & Sams

 Mr. Cole is an experienced trial lawyer who represents businesses and individuals before the Massachusetts Superior Court, the Massachusetts Appeals Court, the U.S. District Court, numerous private mediators, and arbitrators. He has extensive experience with construction litigation, representing general contractors, solar developers, scaffolding manufacturers, subcontractors, building owners, and property managers in payment disputes, delay claims, lease disputes, jobsite-defect cases, premises liability, product liability, and insurance coverage disputes. In 2023, Mr. Cole was named to Boston Magazine’s Top Lawyers List (Construction) and has been recognized in The Best Lawyers in America® (Commercial Litigation, Construction Litigation, and Personal Injury – Defendants) since 2020. He has been named to the Massachusetts Super Lawyers® list (Business Litigation) every year since 2013 and been twice recognized by BTI Consulting Group, Inc. as a Client Service All-Star (2022-2023). Mr. Cole currently serves on the Board of Directors for the Massachusetts Defense Lawyers Association, where he is chair of the Construction Law Committee. He is also chair of the International Association of Defense Counsel’s (IADC) Construction Law and Litigation Committee and is serving a three-year term on the IADC’s Membership Committee.

David L. Fine

Partner at Mirick, O’Connell, DeMallie & Lougee, LLP, in Worchester, MA

Mr. Fine represents and counsels clients in the construction industry, including owners and developers, general contractors and construction managers, specialty trade contractors, suppliers and manufacturers. He represents clients in adverse proceedings such as litigation and arbitration, and he consults regarding risk management, contract preparation and negotiation, and general business advice. Mr. Fine is the chair of his firm’s Construction Law Group and the president of the Home Builders and Remodelers Association of Central Massachusetts. He holds several leadership positions in local, regional and national construction trade and bar organizations. Mr. Fine was named a Massachusetts “Super Lawyer” by Boston Magazine and Law & Politics in 2017 and 2018, and he was named a Massachusetts “Rising Star” for several years prior. 

Stanley A. Martin

Owner of Commonsense Construction Law LLC, in Boston, MA.

Mr. Martin’s practice focuses on the construction industry, particularly in the areas of contract negotiation, procurement, project performance and claims, arbitration and litigation. He has conducted more than 100 construction-related trials. Mr. Martin is a Fellow of the American College of Construction Lawyers and has been an active member of the Associated General Contractors of America (AGC) and AGC of Massachusetts for 20 years. He has served as a lecturer on construction law at the Massachusetts Institute of Technology and at Northeastern University.

John McNamara

Founding Partner and Attorney at Lane McNamara

Mr. McNamara’s practice areas include construction law, employment law, suretyship, trial practice and insurance defense. The Martindale-Hubbell National Law Directory has awarded Mr. McNamara an AV Rating, the highest rating for legal ability and professional ethics. He has also been named a New England Super Lawyer by Law & Politics and Boston Magazine. This designation is limited to the top five percent of attorneys in New England. Mr. McNamara has been selected for Top Lawyers as published in the Boston Globe.

Omair Sohail, Esq

Attorney at Khan Law PLLC in Needham, MA.

Mr, Sohai litigates business and construction disputes. He brings a broad perspective to representation of businesses including general contractors, subcontractors, owners, and financial services companies in contract disputes and dispute avoidance. Mr, Sohai works on matters concerning public and private construction, condominiums, high-end residential construction, home improvement projects, consumer disputes, unfair trade practices, accounting disputes, payment disputes, and performance disputes.

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: Solving Problems During the Construction Process: A Webinar for Massachusetts Building Professionals

Delivery Method: Live Online

Course Description: This seven-hour course explores the best practices used to prevent problems during the construction process and focuses on solutions to specific types of issues that may arise on a construction project: handling scheduling problems, making ordered changes, handling ethical issues in contracting, resolving legal issues and contract disputes, and managing documents, cost and supply chain issues.

Learning Objectives:

Learning Objective 1:
Learners will be able to identify the best practices for preventing problems during construction, mainly communication, documentation, scheduling, cost control and quality control.

Learning Objective 2:
Learners will be able to discuss how to handle common scheduling issues caused by inclement weather, problematic site conditions, labor shortages and supply issues.

Learning Objective 3:
Learners will be able to examine legal issues and contract dispute resolution strategies, including mediation, arbitration and litigation.

Learning Objective 4:
Learners will be able to explore ethical issues in construction contracting and discuss how to ensure honesty, integrity, fair-dealing and quality assurance.

LUs: 7.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Familiarity with construction management

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 01/25/2027

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.