This course has been renamed to:
   Liability of Engineers: How to Stay out of Trouble.

Instructor Peter Liloia, III Mr. Liloia holds a Civil Engineering degree from Princeton University and a Law degree from Boston University. He has 20 years experience in heavy, highway, and building construction, in both the public and private sectors. He is an arbitrator and mediator on the American Arbitration Association's National Construction Industry Panel where he has served on hundreds of construction cases. Mr. Liloia teaches seminars and provides training workshops on contract, claim, and ADR related subjects. He is also an Adjunct Professor in the Graduate School of Construction Management at Stevens Institute of Technology in Hoboken, NJ, where he teaches courses in Construction Claims and Dispute Resolution.

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Course Description

This course will provide a basic understanding of construction contracts and construction contract law including the responsibilities and liabilities of engineers, owners, and contractors, ways to avoid and minimize problem situations on construction projects, and how to effectively resolve disputes that inevitably arise. The seminar will be presented in an informal, interactive style, using real life examples. Participants will be given practical, hands-on advice and guidance concerning the following topics:

• Engineer’s warranty to contractor: Adequacy of design
• Liability of engineers for design, safety, and job site inspection
• Effect of incomplete, ambiguous, or incorrect design documents
• Typical construction contract terms: Meaning & ramifications
• How fair contracts work for you, how harsh contracts can hurt you
• Differing site conditions/superior knowledge doctrine
• Documentation and why it’s critical
• Dispute resolution options and their benefit over litigation

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Seminar Benefits

• Understand the responsibilities and liabilities of engineers, owners, and contractors.
• Eliminate problems up front by using the right language and procedures in the contract and specifications.
• Learn how to properly document the job and why this is crucial.
• Learn about negotiation, mediation, and arbitration, and why they are good alternatives to court.
• Discover what preemptive actions should be taken to a reduce and eliminate liability issues and avoid problems down the road.

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Who Should Attend

• Field Engineers and Superintendents
• Project Managers and Project Engineers
• Construction Managers
• Government Agencies and Public Owners
• Private Owners and Developers
• Contractors and Subcontractors
• Attorneys
• Architects

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Summary Outline

• Engineers Warranty to Contractor: Adequacy of Design
• Liability of Engineer
• Design
• Inspection & contract administration
• Safety/means & methods
• Shop drawing approval
• Actions A/Es can take to minimize exposure
• Effect of Incomplete, Ambiguous or Incorrect Design Documents
• Impact on project and to contractor
• Consequences to A/E
• Ways to reduce
• Typical Construction Contract Terms: Meaning & Ramifications
• How Fair Contracts Work for You/How Harsh Contracts Can Hurt You
• Site investigation/subsurface conditions
• No damage for delay
• Indemnification
• Notice of claim/claim procedures
• Responsibility for design problems
• Differing Site Conditions/Superior Knowledge Doctrine
• Definition
• Purpose and effect
• Recommendations on contract and specification drafting
• Notice and claim requirements
• Change order for equitable adjustment
• Geotechical design reports
• Ways to minimize claims
• Documentation and Why It’s Critical
• Characteristics of good documentation
• Methods for documenting the job
• How does keeping good documentation help?
• Dispute Resolution Options and Their Benefits Over Litigation
• Negotiation settlement
• Mediation
• Arbitration
• Dispute review board

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Attendees’ Comments

“Well prepared and presented course. It was informative and gave me a better understanding of my legal responsibilities as well as the contractor’s and owner’s.”
Robert G. Kent, Chief Engineer
Conesco Industries

“An understanding of this topic is, in my opinion, critical to the practice of ethical engineering.”
-Jim Hill, Jim D. Hill Consulting Engineer, Ransom Canyon, TX

“This course is extremely helpful for both owners and managers who write and execute contracts in order to better understand them and act fairly with other businesses.”
-Karl A.Freeman,O’Connor Freeman Associates, Inc.,
Sacramento, CA

“It was a very good and informative seminar and helpful to design professionals, contractors and construction industry. The mediation and arbitration process explanation provided valuable insight into construction contract law.”
–Archimedes Carreon, Pinal County Dept. of Public Works, Florence, AZ

“This is one of the best seminars I have ever attended. Subject was exceptionally well presented.”
–Charles Faris, President, Faris Associates, Inc.

“The seminar was well worth the time; incredibly informative lecture tailored for engineers. A ‘must attend’ lecture guaranteed to save headaches & hardships down the road.”
-Andrew Malek, AKRF Engineering, New York, NY

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