Agenda

Monday, October 26, 2020

Webinar instructions will be emailed before the date of the webinar.
Log into Webinar:                8:00 – 8:30 am CDT
Morning Session:                8:30 – 11:45 pm CDT
Break:                                    11:45 am – 12:45 pm CDT
Afternoon Session:             12:45 – 4:00 pm CDT


Contracting for Sustainable Projects

Understanding the basics of contract law
Contracting for sustainability
Setting goals, benchmarks and performance goals
Requiring specific methods and materials
Requiring commissioning/verification
Making changes to contracts

 

Legislative Updates in Tennessee Construction Law

Tennessee’s Construction Industry Payment Protection Act
Changes to the Prompt Pay Act
New “stop work” procedure if not getting paid
Demand for reasonable assurance of payment

 

Meeting and Exceeding Federal, State and Local Safety Requirements in the Age of Coronavirus

Occupational Safety and Health Administration update
State and local safety regulations
Allocating responsibility for construction site safety
Strategies for maintaining site safety: injuries and illness
Reporting construction site injuries

 

Reviewing Accessibility Standards and Compliance

What standards apply and when? Federal standards
• ADA Standards for Accessible Design
• Architectural Barriers Act
• Fair Housing Accessibility Guidelines
State and local standards and building codes


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
6.0 HSW PDHs

Architects
6.0 HSW CE Hours

AIA
6.0 LU|HSW

International Code Council
.6 CEUs (Administration)


Continuing Education Credit Information

This webinar offers 6.0 HSW PDHs to professional engineers and 6.0 HSW continuing education hours to architects licensed in Tennessee. Educators and courses are not subject to preapproval in Tennessee.

The American Institute of Architects Continuing Education System has approved this course for 6.0 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 with this webinar, in many cases. Refer to specific state rules to determine eligibility.

The International Code Council has approved this event for .6 CEUs in the specialty area of Administration (Preferred Provider No. 1232).

Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

Speakers

Matthew Devries

Attorney at Burr & Forman, LLP
Mr. DeVries is a Shareholder at Burr & Forman, LLP, where his practice focuses on construction and transportation law, contractor and professional licensing and complex commercial litigation. He is also the founder and author of www.bestpracticesconstructionlaw.com, a nationally-recognized, construction-related blog that focuses on project management, claims, technology and legal trends. Mr. DeVries has received the JD Supra Reader’s Choice award for five years in a row (2016-2020) for his blogging in the construction arena. He is listed in The Best Lawyers in America® for 2013-2019 and was named as a 2011 Rising Star by Mid-South Super Lawyers in the “Construction Law” category. In 2011, he also received the ENR South Central magazine’s “Top 40 Under 40” award for leadership in the construction industry. Mr. DeVries practices in the areas of construction law and complex commercial litigation with a considerable emphasis on construction litigation, contractor and professional licensing compliance, construction contracts and finance, mechanic’s lien enforcement and green building. His industry experience includes highways and bridges; power plants; waste water treatment facilities; offshore oil drilling pipelines; educational, medical and commercial buildings; and multi-family and single family residential development.

Joseph Getz

Shareholder at Evans Petree PC in MemphisMr. Getz leads the Construction and Surety Law Practice Group and has focused his practice exclusively on construction and surety bond contract claims for more than 25 years.  He has worked on contract negotiations, insurance requirements, surety bonding issues, LEED certification, CPM scheduling and delay analysis claims, change orders, defective and nonconforming work, differing site conditions, warranty issues, mechanics and material men’s lien claims and project close-out issues.  Mr. Getz’s representation experience includes multipurpose sports arenas, public university facilities, multifamily residential developments, office buildings, government facilities, hotels, industrial and process manufacturing and design build industrial contracting and development.  Mr. Getz has been a Super Lawyer in the field of construction law for six years and was recently selected by his peers for inclusion in The Best Lawyers in America 2015 in the fields of Construction Law and Litigation.

Mike Less

Attorney at Butler Snow in Memphis, TennesseeMr. Less is the Chair of the Butler Snow Task Force for the Construction Industry and concentrates his practice in all aspects of Construction Law, including drafting and negotiating design contracts, construction contracts, and various other construction industry related agreements.  He provides legal problem solving advice to clients while projects are under construction and represents clients in disputes, both in court and alternative dispute resolution.  Mr. Less has been involved with numerous private and public projects serving as counsel for public and private owners, contractors, subcontractors, design professionals, financial institutions, insurance companies and sureties.  He has also served as a mediator and an arbitrator.

Jamie Little

Attorney at Stites & Harbison, PLLC
Ms. Little is an attorney in the Construction Service Group and has over 10 years of legal experience. She routinely represents owners, general contractors, subcontractors, design professionals, and suppliers with contract drafting, contract negotiation, contract disputes, payment disputes, and lien enforcement. Ms. Little has guided clients throughout all stages of litigation from pre-litigation negotiations through trial. She has successfully argued before trial and appellate courts in Tennessee, West Virginia, and Pennsylvania. She also has extensive experience representing clients in alternative dispute resolution such as mediation and arbitration. Ms. Little is a member of the Tennessee Association of Construction Counsel (TACC) and the American Bar Association Forum on Construction Law.

Andrew Schrack

Attorney at Butler Snow, LLP
Mr. Schrack is a member of Butler Snow’s litigation department and practices within the Commercial Litigation Group and the Construction Task Force. He represents owners, contractors, and subcontractors in construction litigation, including contract disputes, construction defects, lien enforcements, and bond claims. Mr. Schrack is licensed to practice law in Tennessee and in Arkansas.

Brian Yoakum

Attorney at Evans Petree, PC
Mr. Yoakum’s practice includes a wide range of complex commercial litigation in the areas of general and business law, premises liability defense, mass tort defense, contract and transactional disputes and business divorces among owners of all types of business entities. Mr. Yoakum regularly represents property owners and businesses such as restaurants, retail stores, and apartment communities in defense of lawsuits brought pursuant to the Americans with Disabilities Act, Fair Housing Act, and the Neighborhood Preservation Act. He also handles commercial tort actions such as procurement of breach of contract, tortious interference with business relations, interference with contracts and breach of restrictive covenants. Mr. Yoakum is a shareholder at Evans Petree, having served on the firm’s Board of Directors. He is a member of the American, Tennessee, and Memphis Bar Associations. He has been selected by Super Lawyers magazine as a Rising Star in the field of business litigation every year since 2014. He was recently selected by his peers for inclusion in The Best Lawyers in America 2020 in the field of Commercial Litigation for the third year. Mr. Yoakum has experience aggressively advocating the interests of his clients before state and federal trial courts, administrative bodies, the Tennessee Court of Appeals, and the U.S. Court of Appeals for the Fifth Circuit and the Sixth Circuit. In addition, Mr. Yoakum regularly resolves disputes to his clients’ benefit through alternative dispute resolution vehicles, including negotiations, mediations, and arbitrations.

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: Tennessee Construction Law

Delivery Method: Live Online

Course Description: This course examines construction contract law, legislative updates in Tennessee construction law, federal, state and local safety requirements for job sites, and accessibility standards and compliance.

Learning Objectives:

Learning Objective 1:
Learners will be able to craft better contracts for sustainable projects, setting sustainability goals and specifying materials and methods to meet these goals. The Intergovernmental Panel on Climate Change reports that sustainable building can help governments meet carbon reduction goals. According to the US Green Building Council, sustainable buildings are cost effective, improve human health, and reduce consumption of raw materials including energy, water and carbon. Sustainable building is good for the planet, and it is increasing. According to the World Green Building Trends 2018 Smartmarket Report, the percentage of companies globally that expects to do the majority of their projects as sustainable projects increased from 27 percent in 2018 to 47 percent in 2021. But delivering a truly sustainable building is not as simple as stating a sustainability goal. The construction contract documents must be written to not only set sustainability goals, but to establish benchmarks and performance goals to measure whether the project actually delivers energy savings, reduces the amount of resources consumed, and limits the project’s carbon footprint. At this webinar, learners will be able to write contracts that incorporate benchmarks and metrics which verify sustainability. Learners will explain how commissioning can be used to demonstrate the actual energy efficiency of building systems as installed.

Learning Objective 2:
Learners will be able to meet and exceed federal and local safety requirements during the construction project, protecting workers, construction observers, the owner and the general public entering the construction site or occupying adjacent sites.

Learning Objective 3:
Learners will be able to comply with federal accessibility standards (ADA, Architectural Barriers Act, Fair Housing Accessibility Guidelines), and with state and local building codes, which enable occupants to access buildings and the amenities they provide.

Learning Objective 4:
Learners will be able to comply with new Tennessee state legislation that impacts construction projects, including the Construction Industry Payment Protection Act and changes to the Prompt Pay Act.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Experience with construction management

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 08/21/2023

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.