Washington Engineering Law & Ethics
Agenda
Webinar instructions will be emailed before the date of the webinar.
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Contract Law Primer for Engineers
D. Spurgeon
Reviewing the necessary elements of any contract
Understanding contract “legalese”
• Determining performance
• What constitutes a breach of contract?
• What are damages and remedies?
• Liability-shifting contract provisions: warranties,
guarantees and indemnities
Making changes to contracts
Engineering Business Law
D. Spurgeon
Understanding forms of business organizations
• Corporations, partnerships, limited liability
companies, sole proprietorships
Complying with regulations governing design firms
Understanding employment law issues
Professional and General Liability Insurance for Engineers
J. Scuderi
Understanding business insurance coverage:
general liability vs. professional liability policies
Additional insureds: obtaining certificates of insurance
Understanding insurance policies:
• Indemnities
• Assignment
• Insurance availability
• Warranties, guarantees and certifications
Recognizing and responding to claims
Complying with Rules of Professional Conduct
P. Laughman
Washington Administrative Code requirements for professional conduct
Standards for responsible charge of engineering work
Case studies: featuring a discussion of real-life ethical issues
Sealing of documents
Professional Liability Law
K. Oles
Reviewing the grounds for professional liability claims
Identifying who can bring a claim
Examining common sources of professional liability claims
Reviewing defenses to liability claims
Determining damages
Participating in dispute resolution: arbitration, mediation, litigation
Obtaining Insurance coverage for professional liability claims
Engineering Contracts in the New Decade: How Technology
& Climate Impose Unpredictable Risks for WA Design Professionals
G. Palachuk
Balancing economic considerations and allocation of responsibilities for project
participants, particularly design professionals, with emerging technologies like
artificial intelligence, drones, blockchain, digital twins and digital delivery,
smart contracts, etc.
The obligations and legal implications of climate change for design professionals
and project owners
Emerging legislation and case law on climate change
Risks for negotiating design-side contracts in light of developing technologies,
climate change implications, and emerging laws
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.
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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
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Credits
This seminar offers a 6.5 hour professional
enrichment opportunity to Washington engineers.
Continuing Education Credit Information
This seminar is open to the public and offers a 6.5 hour continuing education opportunity to Washington engineers.
Continuing education is not mandatory for Washington engineers, but this course will qualify for required continuing education in many states, Refer to specific state rules to determine eligibility.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Patricia Laughman
Cairncross & Hempelmann, P.S.Cairncross & Hempelmann, P.S.
Ms. Laughman is an integral member of Cairncross & Hempelmann’s Litigation Practice Group. For several years, she has represented engineering and architectural firms and other commercial entities in complex civil litigation in state and federal courts. Her practice focuses primarily on complex commercial disputes, construction litigation, risk management, professional negligence, and errors and omissions claims. She also does transactional work and has drafted, negotiated, and analyzed design and construction contracts for a vast array of construction projects. Companies of all sizes and local government entities repeatedly rely on Ms. Laughman’s litigation experience.
Karl Oles
Stoels Rives LLPStoels Rives LLP
Mr. Oles is a partner of Stoel Rives who practices in the firm’s Construction and Design group. For more than 30 years, he has helped owners, architects, engineers and contractors solve complex legal problems through negotiation, mediation, arbitration and trial. Mr. Oles has also drafted, negotiated and analyzed multimillion-dollar design and construction contracts on a wide variety of construction projects. He serves as an arbitrator on the American Arbitration Association’s construction panel. Mr. Oles is a co-author of the current standard treatise on Washington lien law. Mr. Oles was selected as one of “America’s Leading Lawyers for Business” for construction law by Chambers USA in 2019 and has been included in The Best Lawyers in America© guide for construction litigation since 2013. Mr. Oles received his law degree from the University of Washington School of Law. He is admitted to the bar in Washington and to practice before the U.S. District Courts for the Eastern and Western Districts of Washington and U.S. Court of Appeals for the Ninth Circuit.
Geoff Palachuk
Lane Powell PCLane Powell PC
Mr. Palachuk is a member of the Construction Group at Lane Powell. He represents large and mid-sized design firms, public owners, healthcare providers, and transportation companies. Along with his several years of trial and arbitration practice resolving construction disputes, Mr. Palachuk also drafts and negotiates complex construction contracts for design professionals and owners on some of the largest construction projects in the Pacific Northwest. He has been recognized as a Washington Super Lawyers “Rising Star” for construction litigation each of the last four years 2017-2020, and has been recognized by various trade publications or peer reviewers as one of the top attorneys in the Pacific Northwest each of the last six years. He has also served as a Diversity Scholar for the American Bar Association Forum on Construction Law, a member of the Washington State Bar Association Section on Construction Law, and on the Board of Trustees for the King County Bar Association Young Lawyers Division. Mr. Palachuk earned his undergraduate degree, with honors, from the University of Oregon and his law degree from the University of Notre Dame.
Joseph Scuderi
Cushman Law Offices P.S.Cushman Law Offices, P.S.
Mr. Scuderi’s practice is primarily focused on construction, timber, and earth work issues. He also handles personal and property injury cases and insurance bad faith claims. He is known for his hard work and persistence on behalf of his clients. Mr. Scuderi earned his law degree from Lewis & Clark Law School in Portland, Oregon. He is currently licensed in Washington, Oregon and Alaska. He is also a member of the Guam Bar Association and the Minnesota State Bar. Prior to attending law school Mr. Scuderi worked as a design architect, construction critical path method scheduler, and as a superintendent/field engineer for a large international general contractor. He recently served as chair of the Construction Law Section of the Washington State Bar Association.
Daniel Spurgeon
Martens + Associates P.S.Martens + Associates P.S.
Mr. Spurgeon is a seasoned first-chair trial attorney holding law licenses in the states of Washington and California where he practices in state and federal courts and private arbitration. His ten years of attorney experience includes litigation and transactional work in the fields of construction law, administrative law, regulatory compliance and employment law; in both single plaintiff and class action cases. His construction law experience includes prevailing wage, public works, defect and payment disputes including stop payment notices, bond claims, mechanics liens, eight-digit insurance coverage disputes and breach of contract cases. His employment law experience includes wage and hour, wrongful termination, statutory discrimination, hiring practices, statutory leaves, and retaliation claims. In addition to graduating in the top-third of his class from Southwestern Law School in Los Angeles he also holds a master’s degree in project management. As a retired military officer and Air Force and Army veteran he possesses worldwide experience in aerospace and defense including law enforcement, anti-terrorism planning, aircraft maintenance management, and process improvement.