al u n n 18 A th Washington Construction Law Accreditation WA CLE: 12.25 MCLE, including 1.0 hours of ethics credit September 15 & 16, 2011 Washington State Convention Center Seattle, WA Contractors: Why You Should Attend: May Qualify Engineers: May Qualify Who Should Attend: Attorneys/Legal Staff Contractors Subcontractors Design Professionals Developers/Landowners Architects Real Estate Personnel Government Officials Planners Consultants/Engineers If you practice Construction Law, desire to practice Construction Law, or are confronted with matters involving Construction Law, you cannot afford to miss this conference. Learn recent developments in Washington and Federal case law, statutes and regulations. Learn how to protect the rights of your clients when dealing with Indian Law, public contracts, insurance and bankruptcy. Update your knowledge of Building “Green.” Find out from the mediator what strategies and tactics can help you settle your disputes through Alternative Disputes Resolution (ADR). The Construction Law legal terrain is ever changing. Protect your company’s rights to receive payment for its work, and preserve defenses against unmeritorious demands. Available via: Conference Sponsors: www.TheSeminarGroup.net 5 Easy Ways to Register 1 2 3 4 5 Online: www.TheSeminarGroup.net Fax: 866-435-3444 Email: info@TheSeminarGroup.net Phone: 206-463-4400 / 800-574-4852 Mail: PO Box 523, Vashon, WA 98070 Conference Schedule INSIDE 18th Annual Washington Construction Law ~ Seattle, WA Thursday, September 15, 2011 Friday, September 16, 2011 9:00 Introduction and Overview - Day Two 9:00 Introduction and Overview – Day One Paul R. Cressman, Jr., Program Co-Chair Ahlers & Cressman PLLC Bruce P. Babbitt, Program Co-Chair Jameson Babbitt Stites & Lombard PLLC 9:10 Federal Construction Law - New Developments What’s New in Federal Construction Contracts; New Statutes, Regulations and Procedures Bruce P. Babbitt Jameson Babbitt Stites & Lombard PLLC 9:10 Washington Construction Law – New Developments 10:00 Break 10:15 A View from the State The Lay of the Land: Overview of Construction Contracting with Public Agencies Karin L. Nyrop UW Division of WA State Attorney General’s Office 10:45 ABC’s of Construction Contracting: Creating a Contract You Can Live With 10:00 Claims Against the Design Professional Firm Alan Bornstein Jameson Babbitt Stites & Lombard PLLC 11:30 Contracting in Indian Country Contracting Opportunities in Indian Country Quanah M. Spencer Williams Kastner PLLC 12:15 Lunch (on your own) 1:15 Washington State Public Works Competitive Bidding and Bid Protests Statutes Governing Competitive Bidding; The Ground for Challenging the Award; Bid Responsiveness; Bidder Responsibility; Consideration of Bids by Other Then Announced Bid Evaluation Criteria; Ambiguous and Restrictive Specifications Arnold R. Hedeen Hedeen & Caditz PLLC 10:45 Insurance in the Construction Industry View of Issues that May Be Confronted by Owners, Contractors and Subcontractors When One of These Parties Files for Bankruptcy Protection Jerry N. Stehlik Bucknell Stehlik Sato & Stubner LLP 4:30 Labor and Employment Issues Non-Competes; Sexual Harassment; ‘Colorful’ E-mails; Social Media Chris Farias Stokes Lawrence PS 5:00 Adjourn Reception ~ Sponsored Jameson Babbitt Stites & Lombard PLLC and Ahlers & Cressman PLLC General Construction and Interpretation; Parties Eligible to Claim a Mechanic’s Lien; Personal Liability; Preparing, Filing and Serving the Lawsuit; Prosecuting and Defending Lien Claims; The General Agreement of Indemnity Kerry Lawrence Lawrence & Finkelstein PLLC Alexander A. Friedrich Yusen & Friedrich 12:15 Lunch (on your own) 1:15 Ethical Considerations for Construction Lawyers John A. Strait Seattle University School of Law 3:30 What Happens When Someone in the Chain Goes Bankrupt? Ten Myths about Your Insurance Coverage J. William Ashbaugh Stafford Frey Cooper PC 11:15 Lien and Bond Claims; Dealing with Sureties 2:30 Break 2:45 Construction Changes/Differing Site Conditions Changes Clause; Limitations on the Owner’s Right to Order Changes; Written Change Ordered Requirements/Oral Change Orders; Duty to Proceed; Change Order Impact Costs; Differing Site Conditions John P. Ahlers Ahlers & Cressman PLLC Indemnity (CH2M Hill Case Fallout, Legislative Efforts and Related Issues); The Independent Duty Rule; Statute of Repose/Limitations; Insurance; Limitations of Liability; Integrated Project Delivery; LEED/Green Contracting Stanton P. Beck Lane Powell PC 10:30 Break 1:45 Permitting and Environmental Considerations Compliance Issues; Hazardous Materials/Solid Waste; Demolition/Surface Contamination; Stormwater Eric S. Laschever K&L Gates LLP Recent Cases of Interest: Claim/Notice Issues, Lien and Bond Claims, Damage Issues, Insurance, Labor and Employment, Construction Defects, Dispute Resolution and More; Legislative Developments: Legislation of Interest to the Construction Industry Passed During the 2011 Legislative Session Paul R. Cressman, Jr. Ahlers & Cressman PLLC 2:15 Construction Mediation Effective Advocacy in Construction Mediation to Settle Your Case; What Works and Does Not Work Christopher J. Soelling Christopher J. Soelling PLLC 3:15 Break 3:30 Issues and Benefits of Building Green What is a “Green” Building? The LEED Rating System and How It Applies to New Buildings; The Economics of Going Green; Incentives; Stimuli and New Requirements; Green Building Leases and Tenant Improvements; Recent Cases Jesse O. Franklin IV 4:30 Adjourn K&L Gates LLP The Seminar Group ~ FACULTY 18th Annual Washington Construction Law ~ Seattle, WA Bruce P. Babbitt, Program Co-Chair, is a founding member of Jameson Babbitt Stites & Lombard PLLC. His practice encompasses nearly all aspects of construction law and government contracting. Matters that he has prosecuted or defended include heavy and highway work, notably the I-205 bridge between Portland and Vancouver, WA, jails, sports arenas, resorts, hospitals, airport construction, including baggage systems, port facilities, residential construction, and large construction defect litigation. Paul R. Cressman, Jr., Program Co-Chair, is a founding member of the Seattle law firm of Ahlers & Cressman PLLC, where he co-chairs the firm’s Construction Industry Practice Group. His practice involves the representation of general contractors, subcontractors, suppliers, owners, and design professionals involved in both public and private construction projects. John P. Ahlers is a founding member of Ahlers & Cressman PLLC. His practice focuses on the resolution of construction disputes. His experience spans from small private construction projects to complex engineering, building, heavy construction, and insurance matters. J. William Ashbaugh is a shareholder at Stafford Frey Cooper PC, where his main areas of practice include insurance coverage advice and litigation, complex commercial litigation and commercial transactions. He has represented clients in several multi-million dollar insurance coverage and clients in major commercial cases involving product liability and construction issues. Stanton P. Beck is a member of the Board of Directors and chairman of the Construction Services Group at Lane Powell PC. He serves as panel counsel for owners, design firms, insurers and product manufacturers, as well as for numerous professional organizations and societies. Alan Bornstein is a member of Jameson Babbitt Stites & Lombard PLLC where he has tried cases in state and federal courts, board of contract appeals, and arbitrations. He is a past Chair of the Construction Law Section of the Washington State Bar. Chris Farias is a shareholder with Stokes Lawrence PS. She has a broadranging commercial litigation practice, with significant work on labor and employment law cases. She counsels employers and employees on such issues as discrimination and harassment, wage and hour, employment policies, noncompetition and trade secret/intellectual property. Jesse O. Franklin, IV is a partner with K&L Gates LLP. He focuses his practice on construction law consulting and litigation, owner representation, public entities, private owners, developers and school districts. He has also represented architects, engineers, general contractors and subcontractors in countless construction disputes. ster i g e R y! Toda Alexander A. Friedrich is a partner with the law firm of Yusen & Friedrich where he practices in the area of surety and fidelity bond defense. He lectures to business and professional groups on surety and fidelity bond issues. Arnold R. Hedeen is a partner at Hedeen & Caditz PLLC and focuses his practice on construction and government contract law and general civil litigation. He represents owners, contractors and construction trade associations. Eric S. Laschever is a partner with K&L Gates LLP. He focuses his practice in the areas of land use, environmental and hazardous waste law. He helps private and public clients to secure and defend the federal, state and local land use and environmental permits and approvals needed to implement large infrastructure and other complex projects. Kerry Lawrence is a member and manager of the Seattle law firm of Lawrence & Finkelstein PLLC, where his practice focuses on construction issues, with heavy emphasis on payment issues and dispute resolution. In 1987, he co-authored with Jeff Smyth the “Washington Construction Lien Act” that ultimately became the current RCW 60.04. Karin L. Nyrop is an Assistant Attorney General at the University of Washington Division of the Washington State Attorney General’s Office. She represents various departments at the UW including the Capital Projects Office and the Department of Intercollegiate Athletics, specializing in contracts, bid protests, claims, retainage matters, construction litigation and athletic department legal advice. Christopher J. Soelling, owner of Christopher J. Soelling PLLC, is a full-time mediator and arbitrator. He practiced for 20 years as a construction, commercial, and real estate trial lawyer in Seattle, resolving matters for clients utilizing negotiation and mediation and arbitration, trial, and appeal as needed. Quanah M. Spencer is Of Counsel and Vice Chair of the Tribal Practice Group in the Seattle office of Williams Kastner PLLC. His practice focuses on providing strategic legal advice to tribal governments, businesses and individuals on matters related to government regulation, taxation and government investigations. Jerry N. Stehlik is a partner at the firm of Bucknell Stehlik Sato & Stubner LLP. For over 24 years, Mr. Stehlik has concentrated his practice on commercial litigation, business reorganization, and insolvency matters. John A. Strait is an Associate Professor of Law, Seattle University School of Law. He maintains a private practice as a consulting expert in legal malpractice and professional responsibility. He has taught, researched, and written in the field of professional responsibility and legal malpractice since 1976. Email: info@TheSeminarGroup.net Online: www.TheSeminarGroup.net Phone: 206-463-4400 / 800-574-4852 Fax: 866-435-3444 Mail: PO Box 523, Vashon, WA 98070 Registration: Please mail or email your registration as soon as possible since enrollment is limited. You may also register with a credit card via phone, fax or online. Walk-in registrations will be accepted subject to space availability. Please call The Seminar Group at (206) 463-4400 or (toll free) (800) 574-4852, or fax to (866) 435-3444, or email: registrar@TheSeminarGroup.net Tuition: : The tuition fee includes attendance at all sessions, coffee breaks, and all course materials. Full Tuition: $695 per person; Special Government rate: $595 per person; New Associate/Paralegal rate: $460 per person; Contractor and Subcontractor rate: $397 per person; Student rate: $397 per person. Make checks payable to:The Seminar Group. Save When Two or More Register: Save $50 each off of the Full Tuition fee only when two or more register from the same organization at the same time. Multiple discounts do not apply. Course Accreditation: This course is approved for 12.25 hours of Washington MCLE credit including 1.0 hours of ethics credit by the Washington State Bar (attending and live webcast). Contractors and engineers may qualify for continuing education hours through the American Institute of Constructors or the Construction Management Association of America (attending and live webcast). For information or accreditation in other states, please call The Seminar Group at (206) 463-4400 or (800) 574-4852. Substitution/Cancellation: You may substitute another person at any time. We will refund tuition, less a $50 cancellation charge, if we receive your cancellation by Friday, September 9, 2011. No refunds will be given after this date. For more information regarding administrative policies such as complaint and refund, please contact our office at (206) 463-4400. Course Materials: Each participant will receive a set of course materials, prepared by the speakers especially for this conference, which will be invaluable as a future reference. The course materials alone are available for $179 which includes shipping and handling. Homestudy Package: Our complete Homestudy Course, consisting of a full DVD or Audio CD and the Course Materials, is available for $720. This program may qualify for up to 12.25 Washington MCLE self-study credits, including 1.0 hours of ethics credit, and may qualify for self-study credit in other states. Seminar Location: The seminar will be held at the Washington State Convention Center, 800 Convention Place, downtown Seattle, Washington (206) 694-5000. Please call the facility directly for directions/questions. PO Box 523 • Vashon, WA 98070 18850 103rd Ave. SW, Ste. 123 206-463-4400 • Fax: 866-435-3444 info@TheSeminarGroup.net 11.COLWA 18th Annual Washington Construction Law September 15 & 16, 2011 • WA State Convention Center • Seattle, WA YES! Please register the following: Name:_ ________________________________________________ Firm:_ _________________________________________________ Address:________________________________________________ City:____________________ State:_______ Zip:_________________ Phone:______________________ Fax:________________________ Email:_ ________________________________________________ I cannot attend. Please send me: Course Materials Only Homestudy: Video DVD & Materials Audio CD & Materials Conference Fees Single Registration $695 Webcast $695 2 or more (one company) $645 Government Employee $595 New Assoc./Paralegal $460 Contractor/Subcontractor $397 Student $397 Course Materials $179 Homestudy $720 Live Webcast ~ Avail. for above rates Payment Method Payment of $_ ____________ Check Purchase Order Or Charge my: VISA MC AMEX Exp. Date:_ ______________ *Multiple discounts do not apply Card No: Signature: Washington State Convention Center September 15 & 16, 2011 ~ Seattle, WA Call 800-574-4852 or Register Online at www.TheSeminarGroup.net l a u th Ann 18 Washington Construction Law : Credits lable Avai via: ing , includ MCLE : 12.25 credit WA CLEhours of ethics Qualify ay 1.0 rs: M lify racto t n o ay Qua C rs: M e e in Eng www.TheSeminarGroup.net