Construction Law 101 for Paralegals: From Contracts to Litigation

Agenda / Content Covered

1. Construction Terminology, Players, and the Process
   10:00 — 10:45, Hugh Brown
   1. Key Construction Terms and Definitions
   2. Different Individuals/Teams and Their Roles
   3. Breaking Down the Project Delivery Methods
   4. Preconstruction and Procurement
   5. Construction and Post-Construction
2. Your Guide to Building Applications, Inspection Reports, Permits, and More
   10:45 — 11:30, James Terpening
3. Diving Into Bid Documentation and Construction Contracts
   11:45 — 12:45, Erik Szabo
   1. Ordering Plans and Specifications
   2. How to Read and Interpret Schedules, Drawings, and Specifications
   3. RFPs, RFQs, and Bid Submittals
   4. AIA, ConsensusDocs and Other Form Contracts
   5. Key Provisions in Construction Contracts
   6. Identifying Red Flags in Contract Language
   7. Avoiding Conflicts with Other Key Project Documents
   8. Subcontractor and Vendor Agreements
   9. Insurance Policies and Bonds Issues
4. What You Need to Know About Mechanic's Liens
   12:45 — 1:15, Robert Bollengier
   1. Notice
   2. Claim of Mechanic's Lien
   3. Releases
   4. Lien Waiver
   5. Enforcement
5. Document and Project Management Insights for the Construction Paralegal
   1:45 — 2:15, Hugh Brown
   1. Master List of Construction Documents
   2. Managing and Organizing Construction Documents
   3. Construction Project Management and You
   4. Coordinating With Different Professionals/Team Members
6. Construction Litigation Guide: From Initial Filings to Trial Preparation
   2:15 — 3:00, Leo Meirose
   1. Construction Claims and Investigations
      1. Construction Defects
      2. Construction Delays
      3. Changed Conditions
      4. Deficient Plans and Specifications
      5. Contract Termination and Other
   2. Scheduling EUOs, Depositions, Site Inspections, Hearings
   3. Preparing Your Attorney for Settlement or Trial
7. Document Discovery, Subpoenas, and Production Insights
   3:15 — 4:00, Leo Meirose
8. Paralegal Ethics
   4:00 — 5:00, Sean Smith
   1. Avoiding Conflicts of Interest
   2. Unauthorized Practice of Law
   3. Confidentiality and Privilege
   4. Capturing Time and Billing

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Robert E Bollengier is a sole practitioner with Robert E. Bollengier, Attorney/CPA in Warwick, Rhode Island. His practice areas include federal and state taxation, probate, estate planning, wills, trusts, and corporate and business law. Mr. Bollengier has been a visiting instructor for Bryant University and Providence College. He earned his B.S. degree, magna cum laude, from Boston College; simultaneously earned his J.D. degree with his M.B.A. degree, highest honors, from St. Louis University; and his LL.M degree, cum laude, from Boston University. In addition, Mr. Bollengier earned a certificate of advanced graduate studies in estate planning from Bryant University and is currently working towards his CFP®, ChFC, and CLU designations. He is a member of the Rhode Island and American bar associations, as well as the Rhode Island Society of Certified Public Accountants.

 

Hugh D Brown is a shareholder at Fabyanske, Westra, Hart & Thomson, P.A. He represents contractors, subcontractors and owners in construction disputes in federal and state court, and in arbitration. Mr. Brown is experienced in bond and mechanics' lien claims, and in the drafting and negotiating of construction and design contracts. He also advises participants in the construction industry in regulatory issues. Mr. Brown has been named to the Minnesota Super Lawyers' Rising Stars list every year since 2014, and is the chair of the Minnesota State Bar Association's Construction Law Section Council. He is also a contributing editor to the American Bar Association Construction Law Forum's preeminent construction-related journal, the Construction Lawyer. Mr. Brown received his B.A. degree from Carleton College and his J.D. degree, magna cum laude, from the University of Minnesota Law School.

Leo H Meirose Jr is a senior shareholder in the law firm of Meirose & Lubliner, P.A. He is board-certified in both civil trial and in construction law by The Florida Bar, and is a mediator certified by the Florida Supreme Court. Mr. Meirose is admitted to practice in the state of Florida; U.S. District Court for the Southern, Middle, and Northern districts of Florida; and the U.S. Court of Appeals for the Eleventh Circuit. He is a member of the Hillsborough County Bar, St. Petersburg Bar, and the American Bar Association (member, Fidelity and Surety Committee of the Tort and Insurance Practice Section; Construction Industry Forum Committee); The Florida Bar; Florida Defense Lawyers Association; American Bankruptcy Institute; Commercial Law League of America, the Construction Lawyers Society of America, and is an American Arbitration Association construction arbitrator. Mr. Meirose earned his B.A. degree from the University of Notre Dame and his J.D. degree from Stetson University College of Law. He has been practicing law in construction and related areas for 43 years, and has given many lectures relating to construction topics.

 

Sean Smith is a partner in the West Palm Beach office of Shutts & Bowen, where he is a member of the business litigation practice group. Mr. Smith focuses his practice on the areas of business, real estate, and construction litigation. Sean regularly represents clients in state and federal courts throughout Florida in a variety complex litigation matters, including: breach of contract claims, general business litigation (including claims concerning partnership and LLC disputes, deceptive trade practices, and enforcement of non-compete and non-solicitation provisions); real estate litigation (including landlord/tenant matters, easement disputes, and claims concerning foreclosure and specific performance); and construction litigation (including claims concerning construction and design defects, professional negligence, payment, and bonds and liens). Prior to joining Shutts & Bowen, he served as a judicial intern at the Fifteenth Judicial Circuit Court in West Palm Beach. Mr. Smith was awarded the pro bono certificate while attending the University of Florida Levin College of Law. For his service to the university, Mr. Smith was inducted into the University of Florida Hall of Fame.

Erik F Szabo is with Shutts & Bowen LLP, and has represented individuals and businesses throughout the Central Florida area in construction, real estate, commercial, business, and collections matters. His practice includes residential and commercial construction litigation; construction lien issues; payment and performance bond litigation; construction law issues; construction defect claims; delay claims; change order disputes; subcontractor law issues; contract negotiations; contract preparation, review and revision; contract disputes; commercial litigation; shareholder derivative actions; preparation of operating agreements, asset purchase agreements, non-solicitation agreements, restrictive covenants, employments agreements, and non-compete agreements; commercial real estate; and more. Mr. Szabo has represented owners, contractors, engineers, architects, design professionals, subcontractors, sub-subcontractors, and material and equipment suppliers throughout the state. He represents clients at the trial and appellate levels throughout the state of Florida, as well as at arbitration proceedings. Mr. Szabo has assisted clients in complying with state and federal guidelines, as well as construction licensing issues. Hehas been recognized by Florida Super Lawyers magazine as a Rising Star in construction litigation and has been rated AV® Preeminent™ by Martindale-Hubbell (highest possible ranking). Mr. Szabo speaks to audiences pertaining to the Florida construction lien law and construction contracts. Such audiences have included the Greater Orlando Builders Association, the Florida Solar Energy Industries Association, the Florida Swimming Pool Association, and the Air Conditioning Contractors Association of Central Florida.

James P Terpening III is a partner in the Tampa office of Shutts & Bowen LLP, where he is a member of the construction litigation practice group. He represents owners, developers, general contractors, subcontractors, design professionals, and lenders in disputes involving, among other things, construction defects, delay claims, mechanic's liens, insurance coverage, bond issues, and construction loans. In addition to representing clients in disputed matters, Mr. Terpening advises clients on avoiding litigation and resolving matters through alternative methods of resolution, including negotiation, mediation, and arbitration. He is board certified by The Florida Bar in construction law. Mr. Terpening is a member of The Florida Bar and Hillsborough County Bar Association. He earned his B.S. degree from the University of Florida, and his J.D. degree from Emory University School.