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Construction and design defects continue to plague our court and arbitration systems, resulting in heavy losses for owners, designers, contractors and the insurance industry. Some companies are changing how (and whether) they conduct business in certain markets, such as the condominium market. For all companies, the standard assumptions for risk transfer and insurance coverage are no longer applicable, and the new playing field is changing rapidly.
This seminar will focus on the latest developments and evolving solutions to construction defect problems. Our panel includes experts in building science (preventive and forensic), insurance (brokerage and claims analysis), and lawyers (for both plaintiffs and defendants). Attend this seminar and keep on the cutting edge of the construction industry’s most pervasive dilemmas.
These Topics Will be Covered:
- Insurance Coverage and Litigation
- Contracts & Contract Drafting Language
- Contractors’ Role
- Owners’ Role
- Issues Unique to Condos and Homeowner’s Association
- Architects and Design Professionals
- Mediation and Arbitration
Thank you to the Seminar Sponsor
Pete Fowler Construction Services, Inc.
Credits: See the credit section for full information
This seminar is available via On Demand,
which will allow you to view the recording from computer.
Please read the System Requirements for the On Demand prior to ordering.
This Program will NOT currently work on a MAC.
There was a recent update to the media player and it is not compatible to the MAC.
Microsoft is working to fix this problem.
This seminar must be downloaded and viewed before it expires on June 27, 2013
If you have questions call 800-574-4852 or send an email to firstname.lastname@example.org
OR CLE - 6.25 General CLE Credits
WA MCLE - 6.0 Hours of Self-Study Credit
Paralegals - 6.25 Hours of CLE Credits
Contractors and Engineers – May Qualify
Who Should Attend:
Property Owners & Managers
Real Estate Professionals
Engineers & Consultants
Wednesday, May. 16, 2012
| 9:00||Introduction and Opening Remarks|
Stoel Rives LLP
| 9:10||Insurance Coverage and Litigation|
View from the Insured and Insurer side of coverage
Parsons Farnell & Grein LLP
Gordon & Polscer, LLC
|10:30||Contracts & Contract Drafting Language|
Avoiding defects: positive approaches to
contracting; Risk transfer terms between owner/
contractor and owner/architect; Contractual
insurance requirements; Modifying “standard
forms” to minimize defects and liability
Miller Nash LLP
Walking the line between owner expectation and
Kilmer Voorhees & Laurick PC
Owner’s role in preventing construction defects
prior to and during construction, and in
prosecuting or resolving construction defect claims
Ball Janik LLP
| 2:15||Issues Unique to Condos and
Understanding the board’s perspective on
construction defects; The association’s duty to
investigate, maintain and repair; Governing
documents and their impact on real party in
interest; and Statute of limitations and the
application of the discovery rule in multi-unit
Barker Martin PS
Vial Fotheringham LLP
| 3:15||Architects and Design Professionals|
Recent legislative changes impacting architects and
engineers; ORS 12.135(2) – Statute of limitations
for design professionals
Marvin Chorzempa & Larson PC
| 4:00||Mediation and Arbitration|
Current challenges in mediation - how can the
case get settled early? Trends and challenges raised
by insurers; What to do and what not to do at
mediation from the mediator’s perspective
Mark Gardner Mediation & Arbitration
Hodgkinson Street LLC
Sean C. Gay, Program Chair, is a partner practicing in the Real Estate and Construction group of Stoel Rives LLP. He has substantial experience litigating disputes and drafting and negotiating construction and design contracts. His civil engineering education and experience as a project manager allow him to apply his real-world knowledge to his client’s legal issues. In addition, he has extensive public contracting experience, having litigated bid protests and contract disputes.
D. Gary Christensen is a partner at Miller Nash LLP in Portland. His practice focuses on design and construction law and commercial litigation, and he is chair of the firm’s construction law team. He regularly negotiates design, construction, and construction management contracts, in addition to handling major construction-defect, payment, and delay disputes.
Michael E. Farnell, a founding partner of Parsons Farnell & Grein LLP, represents
policyholders in insurance coverage disputes and provides coverage advice.
Hon. Mark Gardner, founder of Mark Gardner Mediation & Arbitration, has mediated and arbitrated over 65 cases with emphasis on personal injury and construction defect litigation, since retiring in March, 2010 from the Circuit Court of Washington County, State of Oregon. In that capacity, he tried hundreds of jury trials involving personal injury, land use, defamation, landlord-tenant, domestic relations, employer/employee matters and contracts, and conducted hundreds of mediation/settlement conferences to successfully dispose of pending cases.
Brian Hickman is a partner with the firm Gordon & Polscer LLC. His practice focuses both on pre-litigation insurance coverage advice and active litigation of coverage disputes, with a particular emphasis on general liability, construction defect, and bad faith claims. He prefers to keep his clients out of litigation but, when the time comes, will fight vigorously on his client’s behalf, both at the trial court level and in any resulting appeal.
Martha J. Hodgkinson is a Principal of Hodgkinson Street LLC. Her practice specializes in all aspects of civil litigation and
trial practice, with an emphasis in real estate and construction
litigation, products liability and defense of public entities,
developers, design professionals, contractors, insurance and
real estate agents and brokers. Additionally, she advises clients
on construction and real estate matters. She also serves as a
mediator and arbitrator on a variety of construction, real estate
and commercial litigation matters.
Jon C. Larson is a partner with Marvin Chorzempa & Larson PC. He has practiced law for over 23 years. He represents individuals and businesses in a variety of civil litigation matters, with particular emphasis on representing design professionals and matters related to the construction industry. His practice also includes contract negotiations on behalf of designers.
Dean Martin is a shareholder with Barker Martin PS. Throughout his legal career Mr. Martin’s practice has focused on construction defect litigation. In 1993, he started devoting substantially all of his practice to condominium and multi-family residential defect cases. That practice has included successfully prosecuting claims directly against developers, general contractors, subcontractors, architects, engineers and their respective insurance companies.
A. Richard Vial is a partner with Vial Fotheringham LLP where
he represents homeowner associations for general purposes but
has special expertise in planned community work as it relates to
construction defect issues. He also represents individuals and
businesses in commercial litigation, regulatory compliance issues,
and contractual creation and dispute issues.
Peter J. Viteznik is an attorney with Kilmer Voorhees & Laurick PC. His practice emphasizes business, real estate and construction litigation. He has successfully handled a wide variety of large-dollar disputes related to construction, real estate, and insurance in both federal and state court and has also prevailed in several significant cases before the Oregon Court of Appeals.
Robert W. Wilkinson is a partner with Ball Janik LLP and a member of the firm’s Construction Defect, Litigation, and Insurance Recovery practice groups. His current practice focuses on design and construction defect litigation. As plaintiff’s counsel in construction disputes, he has helped clients secure millions of dollars in settlements.
This seminar is approved for the following credits
This course is approved with the Oregon State Bar for 6.25 general CLE credits. - The Seminar Group is an Accredited Sponsor.
This course has been approved by the Washington State Bar for 6.0 hours of Washington MCLE credit. Self-Study credit may be available.
This course has been approved for 6.0 hours of Washington MCLE self-study credit by the Washington State Bar.
This course is registered for 2.0 continuing education hours by the Department of Consumer & Business Services, Oregon Insurance Division-3.
This seminar has been approved by the National Federation of Paralegal Associations for 6.25 hours of Continuing Legal Education credits.
Contractors & Engineers
Contractors and engineers may qualify for continuing education hours through the American Institute of Constructors & Construction Management Association of America.
If this seminar has not been approved for the credits you require, let us know and we will look into it for you.
Information on Continuing Education Credits
|2 or more (each)
|Non-Profit / NGO
|Contractors / Subcontractors
|Printed Course Materials
|Downloadable Course Materials
|On Demand (All Sessions)
|On Demand Session 1
|On Demand Session 2
|On Demand Session 3
|On Demand Session 4
|On Demand Session 5
|On Demand Session 6
|On Demand Session 7
We will refund your tuition less a $50 cancellation charge if we receive your cancellation by 5/10/2012.
|This seminar is being held at:
|World Trade Center
121 SW Salmon, Bldg. 2
Portland, OR 97204
Please call the venue for directions/questions.
A courtesy block of sleeping rooms has been set aside at a group rate at Hotel Fifty, 50 SW Morrison Street, Portland, Oregon. Please call (503) 221-0711 or (877) 237-6775 to reserve. Mention “The Seminar Group Negotiated Rate”.
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