12th Annual Law & Regulatory Forum
12th Annual Law & Regulatory Forum – Live Online:
Thanks to everyone who attended this year’s virtual forum from June 3 – 4.
Check back soon for access to the recorded versions of this year’s presentations.
Who Should Attend:
- Project managers
- In-house legal counsel or staff attorneys
- Compliance officers
- Senior level executives
Up to 7 Professional Development Hours (PDHs) may be available, subject to the approval of your governing state accrediting agency. Contact ARTBA’s Olena Khtei for PDH-related questions.
The 12th Annual Law & Regulatory Forum has been approved for 8.5 hours of Continuing Legal Education (CLE) credit by the Florida Bar, including 1 hour of ethics credit. The Florida Bar has also approved the program for 8.5 hours of certification credits in business litigation. The program has applied for CLE in the state of Pennsylvania as well. We will keep you appraised of this effort. Please note that the COVID-19 pandemic is impacting the ability of many state bar associations to process CLE requests.
|Wednesday, June 3|
|12th Annual Virtual Law & Regulatory Forum|
|10 - 11 a.m.||Concurrent Events and Other Scheduling Issues in the News
The legal landscape for enforcement of liquidated damages provisions is changing. Forecasting risk in this area is further complicated by attempts to redefine concurrent delay. Our expert presenters will address:
•Varying interpretations of concurrent delay debated by construction lawyers and schedule analysts;
•Emerging trends to settle these matters by contractually defining concurrency in unexpected ways; and
•Current developments in scheduling law, including the intersection of no damages for delay provisions and claims for schedule acceleration.
Presenters: Chris Brasco, senior partner, Watt, Tieder, Hoffar & Fitzgerald; Matthew Baker, associate, Watt, Tieder, Hoffar & Fitzgerald; and Dakus Gunn, Senior Director, Delta Consulting Group
|11:30 - 12:30 p.m.||Recent Developments in Construction Law
Presenters: Brian Vella, member, Smith, Pachter, McWhorter and Kathryn T. Muldoon Griffin, member, Smith, Pachter, McWhorter
|2 - 3 p.m.||Return to Work Legal Issues: Safety, Paid Leave, and Other Challenges
As crews and teams begin returning to work in the field and office environments, they need a plan to face a changed economy and challenging legal climate. The presenters will provide an analysis of key areas where labor and employment law issues are likely to arise, such as safety, retaliation, paid leaves, pay issues, attendance, and possibly some employees refusing to return to work.
Presenters: Phil Russell, shareholder, Ogletree Deakins and Dee Anna Hays, shareholder, Ogletree Deakins
|3 - 4 p.m.||State of the Union – Mitigating the Impact of COVID-19 on Transportation Projects
The current and future implications of COVID-19 on federal and state transportation projects and legal strategies to deal with potential impacts.
Presenters: Steven M. Henderson, P.E., member, Stites & Harbison and Aaron R. Klein, attorney, Stites & Harbison
|Thursday, June 4|
|10 - 11 a.m.||Insurance Trends, Risks, and Traps
Presenter: Mark Berry, partner, Peckar & Abramson
|11 a.m. - Noon||How Would I Know That Was Below the Surface? A Case Study in Differing Site Condition Claims
The presenters will discuss differing site condition claims, a common claim type in highway and infrastructure projects. This will include:
• A case study of an actual differing site condition claim involving the construction of a federally funded bridge to analyze how federal and state law may interpret or impact the claims.
• A discussion of the challenges associated with proving a differing site condition claim, and
• How to identify language in an advertisement or RFP that could impact the contractor’s rights to make such a claim.
Presenters: George Pallas, partner, Cohen Seglias and Jennifer Budd, associate, Cohen Seglias
|1 - 2 p.m.||Is Your Compliance Program Ready to Survive this Pandemic?
Why compliance function is more important than ever in the pandemic and economic situation by addressing the risks that might be encountered and practical strategic advice for meeting these dual challenges. Discussion includes how current conditions may impact compliance functions such as culture, supply chain, fraud risk, crisis management, HR, and IT functions.
Presenter: Lorraine D’Angelo, president, LDA Compliance Consulting
Browse speaker information:
- Matthew Baker, associate at Watt, Tieder, Hoffar & Fitzgerald
- Mark Berry, partner at Peckar & Abramson
- Chris Brasco, senior partner at Watt, Tieder, Hoffar & Fitzgerald
- Jennifer Budd, associate, Cohen Seglias
- Lorraine D’Angelo, founder & president at LDA Compliance Consulting
- Kathryn T. Muldoon Griffin, member at Smith, Pachter, McWhorter
- Dakus Gunn, senior director at Delta Consulting Group
- Dee Anna Hays, shareholder, Ogletree Deakins
- Steven M. Henderson, P.E., member, Stites & Harbison
- Aaron R. Klein, attorney, Stites & Harbison
- George Pallas, partner, Cohen Seglias
- Phil Russell, shareholder, Ogletree Deakins
- Brian Vella, member at Smith, Pachter, McWhorter
Matt’s practice concentrates in the areas of construction, government contracts, and commercial litigation. He is an experienced litigator who has successfully resolved matters for his clients through negotiation, alternative dispute resolution, and trial. Matt represents the full spectrum of stakeholders in the construction industry including owners, architects, engineers, general contractors, subcontractors, material suppliers, and sureties. Matt has assisted clients with a variety of matters including breach of contract claims, payment bond claims, mechanic’s liens, professional liability claims, and real property and commercial disputes.
Mark devotes his practice to advising and representing contractors and construction managers in all phases of construction in both the public and private sectors. His extensive experience includes risk assessment and structuring of appropriate construction delivery methods, negotiation and drafting of project documents, advising project participants during contract administration on risk management, claims, and related project issues. Throughout his career, Mark has successfully defended and prosecuted high-value claims on a broad range of domestic and international projects, including major civil roadway, bridge and overpass projects throughout the Mid-Atlantic.
Watt, Tieder, Hoffar & Fitzgerald
Chris’ experience includes all facets of the construction process from contract formation through the disputes process. His legal credentials are complemented by hands-on experience that includes the job site administration of a U.S. Corps of Engineer housing project in Germany, large claim recovery, and federal government negotiation and the successful reprocurement of mission-critical projects throughout Afghanistan and the Middle East. He is actively involved in several trade associations and regularly lectures on issues of importance to the construction industry.
Jennifer represents clients in construction litigation, arbitration, and mediation on both public and private projects primarily in New Jersey and Pennsylvania. She has significant experience counseling transportation, utility, and highway contractors on issues that arise during projects, claim resolution, and litigation or arbitration of disputes not resolved on a project level. Jennifer also specializes in the unique issues that arise in green and sustainable projects, representing design professionals, owners, developers, solar providers, and contractors. She is active in various green building organizations where she regularly presents seminars.
Founder & President
LDA Compliance Consulting
Lorraine is the founder and president of LDA Compliance Consulting Inc., a full service legal and regulatory risk management compliance advisory firm specializing in solution-oriented, preventative corporate ethics and compliance program design, assessment, auditing, monitoring, investigations, education and training. She is a former C-Suite executive with proven success in leading regulatory compliance and risk management and is experienced in the function, design and implementation of “best practice” integrity programs.
Kathryn represents contractors across a range of industries on federal, state, and private projects. She specializes in representing contractors in resolving contract claims and disputes with the federal government and prime-subcontractor disputes on federal and federally-funded projects. Kathryn works with national, international, and local construction and engineering firms on major contracting issues including defective specifications, differing site conditions, constructive changes, contractor performance evaluations, and liquidated damages.
Dakus Gunn has served as a consultant and testifying expert in dispute resolution for the last sixteen years. He provides expert analysis and testimony on delay, quantum and productivity issues, with a focus on the construction industry. Throughout his career he has been involved with a wide variety of projects including roads & bridges, airports, power plants (coal, nuclear, wind and hydroelectric), commercial & residential high-rises, large-scale land development, hospitals, entertainment & sports arenas, and light rail projects. These projects have been located throughout the Continental United States, Africa, and Latin America. He has worked primarily on cases involving critical path analyses, contractor terminations, subcontractor disputes, loss of productivity, differing site conditions, change order disputes, and liquidated damages for owners, contractors, subcontractors, and suppliers.
Dee Anna Hays is Board Certified in labor and employment law by the Florida Bar. She has been representing employers in all aspects of labor and employment law compliance and litigation for over 12 years. As a result, Dee Anna understands the legal issues as well as the practical issues confronting management. She enjoys counseling clients to solve tough issues and ardently defends them when necessary. A growing portion of Dee Anna’s practice focuses on occupational safety and health issues. She litigates OSHA cases and represents employers during government inspections and investigations.
As a registered professional engineer and attorney, Steven represents owners, contractors, and design professionals in all aspects of the construction and design process. He successfully litigates cases in state and federal courts, and regularly manages the resolution of disputes for clients. Having spent time working as an engineer with the Kentucky Transportation Cabinet prior to becoming an attorney, Steven continues to maintain in-depth knowledge of the multiple demands placed on owners, design professionals and contractors involved in complex transportation projects.
Aaron is an attorney in the firm’s Louisville office and is a member of the Construction Service Group. His practice focuses on advising owners, contractors, subcontractors, design professionals, and materials suppliers in all phases of the building process. Aaron brings value to clients through concentrated practice in the areas of construction litigation and transactions.
George acts as counsel to a wide range of construction clients including general contractors, subcontractors, and suppliers on both public and private projects. With 30 years of industry experience, he is a key player in construction litigation, handling complex multi-million dollar disputes on behalf of his clients. Recent cases he has handled include commercial, industrial, institutional, and residential construction, heavy highway, water supply and treatment, solid hazardous waste, school, and various other multi-prime projects. George frequently shares his experience and presents seminars for clients and trade associations on all aspects of construction litigation.
Phil Russell is Board Certified in labor and employment law by the Florida Bar. He is a practical labor and employment lawyer who represents businesses in a wide range of labor and employment law matters, including workplace safety and health (OSHA), traditional labor relations (staying union-free), unfair competition and trade secrets litigation, employment litigation defense, and advising and counseling employers on workplace legal compliance issues. Phillip represents clients in the construction, staffing, technology, manufacturing, banking, and other industries. He is also a nationally recognized speaker and author on labor and employment law issues.
Brian’s practice is concentrated on heavy construction and commercial construction matters. For over 30 years, he has represented contractors, engineers and owners in construction related disputes, including matters involving defective specifications, differing site conditions, variations in estimated quantities, design changes, constructive changes, mechanics liens, payment and performance bond disputes, contract interpretation issues, payment disputes, insurance and warranty issues; acceleration, delay, and inefficiency claims; and schedule and costs analysis of contractor claims. He counsels clients regarding contract formation and interpretation issues, and in developing strategies for risk analysis and avoidance.
*ARTBA is not liable for any information provided by instructors or attorneys during the virtual law & regulatory forum. This event is intended for general informational purposes only, and not as a substitute for particular advice from a qualified professional. No warranty is made regarding the event.
ARTBA thanks the following organizations for their sponsorship support: