Home Greeting Faculty, Articles, Slides eLibrary Future Conferences Construction Forum Publications Construction Forum Web Site Exhibitors Forum Leadership Things To Do in Newport Newport Photo Gallery Help Replay Flash Intro Plenary 1: SUCCESSFULLY NAVIGATING YOUR WAY THROUGH THE ELECTRONICALLY-MANAGED PROJECT: Legal Challenges Presented By The Increased Use of Electronic Design Tools, Building Modeling Systems and Electronic Workrooms Howard Ashcraft Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP San Francisco, CA hashcraft@hansonbridgett.com 415-995-5073 Article in HTML / PDF / Word Bruce R. Gerhardt HDR, Inc. Omaha, NE Bruce.Gerhardt@hdrinc.com 402-399-1055 Article in HTML / PDF / Word Timothy M. O'Brien Faegre & Benson LLP Minneapolis, MN TOBrien@faegre.com 612-766-8322 Article in HTML / PDF / Word Our Panel will review the use of collaborative electronic design tools and electronic workrooms (including CADD, project-dedicated websites, and building information modeling (BIM) systems) during the construction process, various legal concerns presented by their use, and methods or strategies for dealing with those concerns. The Panel also will address how "electronically stored information" generated through these collaborative processes is affected by the recent amendments to the Federal Rules of Civil Procedure. Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 2: WHO'S STEERING THE SHIP?: Construction Administration by Design Professionals and Agency Construction Managers Frank Riggs Troutman Sanders, LLP Atlanta, GA frank.riggs@troutmansanders.com 404-885-3353 Stanley J. Dobrowski Calfee, Halter & Griswold, LLP Columbus, OH sdobrowski@calfee.com 614-621-7003 Karl F. Oles Stoel Rives, LLP Seattle, WA kfoles@stoel.com 206-386-7535 One key decision in managing the risk of a construction project is choosing someone to represent the owner's interests during construction. Our speakers will discuss the options of using a design professional and/or an "agency" construction manager to provide construction administration, and the liability issues associated with construction administration. Attendees will learn the similarities and differences between these options and receive a checklist of issues to consider on your next project. You will also learn how design professionals and agency CM's can contribute to - and help resolve - problems when a "perfect storm" strikes on a project. Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 3: HIGH AND LOW TIDES: Practical Use and Impact of Incentive and Disincentive Clauses William J. Ferguson Babcock Power Inc. Boston, MA WFerguson@babcockpower.com 978-646-3314 John W. O'Neil, Jr. Western Construction Group, Inc. St. Louis, MO jacko@westerngroup.com 314-308-6352 Article in HTML / PDF / Word Nancy Taylor Bechtel Power Corporation Frederick, MD ntaylor@bechtel.com 301-228-7548 Article in HTML / PDF / Word The foundation for incentive and disincentive clauses is to establish defined economic consequences to a range of performance outcomes. Our speakers will address various incentive/disincentive clauses, their objectives and enforcement and how they encourage and discourage behavior during the course of the project. Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Lunch: WAR GAMING AND HOMELAND SECURITY: Using Gaming to Discover What You Didn't Know You Didn't Know Professor Robert C. "Barney" Rubel Naval War College Newport, RI robert.rubel@nwc.navy.mil 401-841-2270 Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 4: HURRICANE WARNINGS: Dealing with the Cumulative Effects of RFIs, Change Order Requests and Change Directives Buckner Hinkle, Jr. Stites & Harbison Lexington, KY bhinkle@stites.com 859-226-2334 Michael I. Less Less, Getz & Lipman Memphis, TN Michael.less@lgllaw.com 901-525-8700 How effectively the project management team addresses RFI's and change order requests can be the difference between a successful project and a project with substantial unresolved claims and cost overruns. Our speakers will discuss the potentially devastating effect of numerous RFI's and change orders and the use of contract provisions and effective management to control the cumulative impact to the project. Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 5: SQUALLS, STORMS AND GETTING BACK ON COURSE: Counsel's Role When Dealing With Mid-Course Adjustments In Project Planning And Scheduling And Resultant Claims Michael F. D'Onofrio Capital Project Management, Inc. Blue Bell, PA mdonofrio@cpmiteam.com 267-464-1530 John S. Vento Trenam Kemker Tampa, FL jsvento@trenam.com 813-223-7474 The Speakers will discuss the risks and liabilities associated with failing to use the project schedule as an effective management tool and current trends and techniques related to the use of project schedules when proving or addressing claims in the aftermath of mid-course adjustments. The Speakers also will address various common occurrences, such as force majeure events, acceleration of the work, non-compliance with contractual obligations relating to the project schedule, an owner's refusal to accept a contractor's schedule, use of multiple project schedules, etc., and how counsel can assist project participants when dealing with these situations. Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 6: TAKING ON TOO MUCH WATER: Making Sure Control and Management of Costs Provide the Survival Kit of Sound Evidence When Needed John E. Bulman Little Medeiros Kinder Bulman & Whitney Providence, RI jbulman@lmkbw.com 401-272-8080 Pat McGeehin Rubino & McGeehin Bethesda, MD McGeehin@rubino.com 301-564-3636 Ext. 4160 The ability to control and manage project costs when the unexpected occurs often means the difference between a successful project and years of protracted litigation. Integration of cost control and evidentiary demands often can challenge the course of conduct on a project. This session will focus on the selection and implementation of cost control systems and other tools that allow project participants to monitor and measure project costs and productivity impacts during the course of construction and how counsel can assist in directing and overseeing this process. Our speakers will also provide an overview of generally accepted practices and current industry trends concerning the documentation and measurement of project costs and productivity losses. Article in HTML / PDF / Word / Attachments (Excel) Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 7: TREACHEROUS WATERS: Handling Claims Brought Pursuant To The Civil And Criminal False Claims Acts And "Whistleblowers" Who Initiate These Claims Kristine L. Cato McAngus Goudelock & Courie, LLC Columbia, SC kcato@mgclaw.com 803-227-2277 Article in HTML / PDF / Word Krista Pages Winston & Strawn, LLP Washington, DC kpages@winston.com 202-282-5695 Article in HTML / PDF / Word Our Speakers will discuss the risks associated with making false claims and certifications, how best to deal with the Government's use of the Civil and Criminal False Claims Acts, the False Statements Act and the Forfeiture Statute, and how to protect and insulate your client from these claims in the future. Further, the Speakers will address certain employment law issues that may arise in connection with these types of claims, including those related to the client's treatment of "whistleblowers." Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ Plenary 8: SHIPWRECKED: Dealing With Construction Contract Defaults in the Real World George J. Bachrach Whiteford, Taylor & Preston, LLP Baltimore, MD gbachrach@wtplaw.com 410-347-8751 Article in HTML / PDF / Word Deborah S. Butera Shapiro Fussell Wedge & Martin, LLP Atlanta, GA dbutera@shapirofussell.com 404-870-2204 Article in HTML / PDF / Word When construction contract defaults occur, they affect all of the parties to the construction process - owners and their agents, general contractors and subcontractors and their sureties, suppliers, and many others.How the parties deal with the default will determine whether the project can be completed successfully, and whether litigation, or at least major and expensive litigation, can be avoided. Our speakers will discuss the parties' various options before termination and after termination for managing performance-based defaults and how counsel can help the parties navigate their way through this process. Our speakers will also specifically address the surety's role in a troubled construction project, including its relationships with the other parties and its rights and obligations under the bonds. Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ PLENARY 9: A DARK AND STORMY NIGHT: The Lawyer's Ethical Considerations When Involved In a Multi-Jurisdictional, International Practice Michael Black QC Two Temple Gardens London, United Kingdom mbqc@2tg.co.uk + 44 (0)20 7822 1200 Troy L. Harris King & Spalding, LLP Atlanta, GA tharris@kslaw.com 404-572-2446 Our Speakers will address the ethical concerns that counsel must be cognizant of when engaged in a multi-jurisdictional, international practice, whether negotiating contract documents, advising clients during the course of the project, communicating with adverse parties and their counsel, or appearing on behalf of a client in an international arbitration proceeding. Article in HTML / PDF / Word Final Slide Presentation on the Web _____________________________________________________________________________________________________________________ © 2007, ABA Forum on the Construction Industry. All Rights Reserved. |