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The “New Reality” of Design Responsibility for Construction Contractors and Subcontractors: Common Sense Recommendations

SKU: CON3800N
General Credits
2
Price$100
CDs/DVDs Only
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Description

The ‘New Reality’ of design responsibility is that construction contractors and subcontractors are doing more design whether overtly by express “design delegation” or even, at times, unintentionally.

The consequences of a contractor taking on design responsibility can be costly because with responsibility generally comes liability.

Join us to discuss how and why this happens and provide some “common sense” recommendations to avoid, where possible taking on design risk.

Construction and Design Topics to be covered in this program include:

  • The Historical Context–Design, Bid, Build
  • Design-Assist
  • Design-Build
  • Design Delegation
  • The Challenge of Prescriptive v. Performance Specifications
  • “Preliminary Drawings” and Implied Warranties
  • Common Sense Recommendations

Insurance issues to be addressed include:

  • Professional Liability Insurance generally, including notable limitations and exclusions to consign-Assist
  • Analyzing/identifying standard scope of services/work to better tailor coverage to your actual exposures
  • Opportunities for negotiating terms of coverage, including broadening of the standard Insuring agreement and modifications to burdensome notice conditions
  • Key terms policyholders should seek to have removed or modified to broaden access to coverage

Lecturer Bios

Richard W. Brown, Esq.

Richard W. Brown serves a diverse and growing client base including regional apparel manufacturers, national and international general contractors and multinational utility companies. His practice focuses on complex commercial coverage disputes and litigation in state and federal courts, with an emphasis on the power and energy industry. He provides counsel on insurance recovery issues involving CGL, Builder’s Risk, commercial property and additional insured claims.

Prior to joining SDV, Rich was with the State & Local Tax Group of PriceWaterhouseCoopers, where he advised clients on issues such as sale and use tax compliance, fulfillment of state reporting requirements and legislative changes. He also served as corporate counsel at Franchise World Headquarters, international franchiser for SUBWAY® Restaurants, where he managed complex commercial litigation matters. This role required extensive interaction with regulatory agencies such as the Federal Trade Commission and the Department of Justice and allowed him to gain invaluable experience in negotiations and dispute resolution.

Rich is a member of the firm’s Executive Committee. In his spare time, he enjoys camping, fishing and softball and can oftentimes be found at Yankee Stadium cheering on his favorite team. He resides in Orange, Connecticut with his wife and their two sons.

S. Elysha Luken, Esq.

Elysha Luken is a Partner in the Fort Lauderdale office of Smith, Currie & Hancock LLP, and is a Board Certified Construction Attorney by the Florida Bar. Elysha specializes in representing contractors, suppliers, owners, design professionals and sureties in public and private construction disputes, including bid protests, prosecuting and defending contractor claims, drafting and negotiating contracts, construction lien and bond claims, and contractor and professional licensing. As an expert in legal matters related to construction and contracting, Elysha litigates in state and federal courts and arbitration and administrative proceedings, both at the trial level and on appeal.

Elysha has extensive experience on construction projects with state and local agencies, from procurement to subcontracts to litigation, trial and appeal. This work includes prosecuting and defending over a dozen bid protests on FDOT, municipal, and utility projects with project values up to $200 million on both hard bid and competitive selection procurements. On the owner side, Elysha has prepared ITBs and assisted public agencies in procurement and public records matters. Elysha has served as project counsel for roadway contractors on FDOT projects, including preparation of subcontracts and purchase orders; compliance matters; preparing Dispute Review Board presentations; defending and prosecuting subcontractor and supplier claims; and claims preparation and litigation.

Elysha lectures frequently on construction contract drafting; legal considerations for green building and sustainable projects; and alternative project delivery, design-build and P3. Elysha writes on construction contracts and industry topics and has contributed to several construction law manuals. Elysha received her B.A. degree from the University of Florida, and her J.D. degree, magna cum laude, from Florida State University, serving as Legislative Editor and Editorial Board member for the Florida State University Law Review. Prior to joining Smith Currie, Elysha worked as a Staff Attorney at the Florida Supreme Court and held several clerkships.

Ronald G. Robey, Esq.

Ronald G. Robey attended Centre College in Danville, Kentucky, as a National Merit Scholar. He graduated with high distinction in the Honors Program at the University of Kentucky with a B.A. in 1974. In 1977, Ron graduated from the University of Kentucky College of Law where he was Lead Articles Editor of the University of Kentucky Law Journal, was Order of the Coif at graduation and received special awards in Constitutional Law and in Torts.

Ron joined Smith, Currie & Hancock LLP in 1977 and has practiced exclusively in the areas of construction law, insurance and government contracts since that time. He is admitted to the Bars of the States of Georgia, Florida, Kentucky, Michigan, New York, and Nevada, and is admitted to numerous Federal Courts. He is a member of the ABA Forum on Construction Law and the Public Contract Law Section.

Ron has negotiated and drafted hundreds of construction contracts. Also, he has handled construction and insurance disputes (CGL, builders risk, excess and reinsurance, professional liability and OPPI). The projects have included high rise condominiums, hospitals, wastewater treatment plants, prisons, casinos, highways, airports, manufacturing facilities, locks and dams, steel plants, superfund sites, power plants, office buildings, and federal government facilities. His federal government contract experiences include claims and projects involving the Corps of Engineers, Navy, Air Force, Veteran’s Administration, and the FAA. He has extensive experience with small and disadvantaged business issues in the federal and state procurement systems. He also has experience with false claims in federal and in state procurement.

Michael Stoop

Michael Stoop builds and leads a team of risk advisors at Metropolitan Risk Advisory where he serves as President. He specializes in innovative risk management techniques focusing on risk transfer and workplace safety. He is a designated professional workers compensation advisor. He received a BA from Ithaca College.

National Academy of CLE is a provider of CLE courses in Georgia, approved by the Georgia Commission on Continuing Lawyer Competency, sponsor #3730. To view our full accreditation details, please click here.

*For purchases made on or before 12/31/2019: After completing your course(s) you must report your CLE compliance to the State Bar of Georgia. NACLE does NOT report your attendance to the State Bar of Georgia.

*For purchases on after 1/1/2020: We will report your attendance & pay reporting fees to the Georgia Commission on Continuing Lawyer Competency.



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