This course provides an overview of basic contract principles, standard of care, project documentation, site safety, professional fees, construction phase services and best practices to protect the health, safety and welfare of the public while delivering professional design services. Through a review of key court cases and statutes, attendees will learn how these laws help to improve the physical, emotional and social well being of the public using the structures they designed. Further, a review of various building codes, contract clauses and proper execution of Construction Phase Services help protect the public safety for everyone occupying or using the buildings/structures created by design professionals. Finally, a review of the Americans with Disabilities Act and certain environmental laws will demonstrate how they protect equal access for all members of the public and protect the public welfare through inclusion and use by all.
Learning Objectives:
- Attendees learn how various AIA contract clauses establish the rights and duties of the A/E and the Owner on any Project relating to the Standard of Care, Indemnification, Scope of Services, Dispute Resolution and Health, Safety and Welfare provisions.
- Attendees will learn about the importance of various laws and legal decisions designed to protect the public health, safety and welfare.
- Attendees learn how various AIA contract clauses help to protect the public's health, safety and welfare.
- Attendees will learn how to manage and minimize the risk of liability caused by COVID-19 when performing Construction Phase services through knowledge of CDC and local government guidelines and requirements issued to protect the public.
Presented by:
Terrence M. McShane, Esq.
Terrence M. McShane, Esq., President of MCSHANE PC, concentrates his practice in commercial litigation involving construction, employment, insurance, real estate and contract matters. His litigation practice is focused upon the representation of architecture and engineering firms, many of which are in the ENR top 100. He also represents insurance companies, banks, real estate entities. In addition, Terry provides general business advice in corporate, risk management, human resources and transactional matters, including commercial leases and owner/contractor and subcontractor agreements. In his significant litigation experience, he has tried over 100 cases to verdict successfully including many complex multi-party commercial disputes.
For over 20 years, Mr. McShane has presented seminars to thousands of architects and engineers for continuing education credits. He has appeared in association with professional organizations, including the American Institute of Architects, the American Council of Engineering Companies, the District of Columbia Bar Association, and others in speaking to architects, engineers and lawyers on various legal topics and risk management issues. At the National AIA convention, Terry presented a seminar entitled “Monumental D.C. Architecture: Unique Design Challenges and Unique Legal Risks”; and, annually, he has presented, “Mastering the Rules of Evidence,” as part of the District of Columbia Bar Association Continuing Education Series for thousands of lawyers in DC, Maryland and Virginia. Recently, Terry was selected to the list for 2023 Super Lawyers.
Mr. McShane is admitted to the District of Columbia, Maryland, Virginia and New York bars. His federal court admissions include the U.S. Supreme Court, U.S. Court of Federal Claims, U.S. Court of Appeals (2nd and 4th Circuits) and U.S. District Court (District of Columbia, Maryland and New York). He has received an AV rating from Martindale-Hubbell which is the highest rating given to attorneys for legal ability and ethical standards. Robert Morgenthau appointed Terry to serve as an Assistant District Attorney for New York County (Manhattan) from 1983-89.
Mr. McShane received his Juris Doctor degree from Georgetown University School of Law and Bachelor of Science Business Administration degree from Georgetown University.
Mr. McShane is a Vietnam era veteran of the U.S. Navy UDT/SEAL Teams.
Organized by:
McShane PC