ALA National Program

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Presented by: James Zahn, Esq., FALA, FAIA; Werner Sabo, Esq., FALA, FAIA;
                     Mark Blankenship, CPCU, AIC; Paul Peterson, Esq, SOICA

HSWs

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This seminar qualifies for 7.0 LU’s of State, ALA and AIA Learning Units

Directions

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From the north and south - take Rt. 53 and exit at Algonquin.  Drive east about 1 mile to restaurant on the right.   From Chicago - take Kennedy to NW Tollway (I-90). Exit Arlington Hts. Road, north.  Turn left (west) at Algonquin Rd. Restaurant is about 1.2 miles on the left (south)

Schedule & Agenda

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Members: $250 / Non-Members: $275

Seminar includes:  Morning coffee, lunch, break refreshments, plus seminar handouts and contracts.

Agenda

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Anyone involved in the construction process of building a new building, or renovating an existing structure, will benefit from a thorough understanding of how the payment process works for all involved parties.  This seminar is a “must attend” opportunity to make sure your actions protect your own interests in that process, whether you are an architect, owner, contractor, subcontractor or developer.  

The more knowledgeable you are of the construction payout process, the less
liability exposure you will assume, and the more successful your  project will be.

I	Overview
II	General Conditions for the Contract for Construction process
	A.	Various provisions of the AIA General Conditions
	B.	Various provisions of the ALA General Conditions
III	Architects’ duties regarding payouts
	A.	Review of contractor’s Sworn Statement
		1.  Are all contractor’s shown on statement?
		2.  Is the statement logical?
	B.	Review of supporting lien waivers
		1.  Are there lien waivers for all contractors receiving payments?
		2.  Were there contractors at the site that are not indicated on the sworn statement or lien waivers?
	C.	Review of schedule
		1.  What if the contractor falls behind the schedule?
	D.	Are there claims out there?
		1.  RFI’s
		2.  Potential claims
		3.  Owner changes
		4.  Improper construction
IV	Schedule of Values
	A.	AIA form
	B.	Difference between Illinois requirements and AIA form
		(Paul Peterson will go into detail.)
V	Sworn Contractors Statements
	A.	How it works
	B.	How to analyze the form
	C.	Handling change orders
		1.  Proposed and disputed change orders
	D.	Retainage - what is it, how does it work
	E.	Examples
		1.  Good
		2.  Bad
VI	Changes in time
	A.	Change orders - requirement that time change be indicated on change order.
VII	Construction Schedules
	A.	How the schedule interacts with the payment request
VIII	Architect’s certificate of payment
	A.	AIA form
	B.	Who can rely on this certification
	C.	Liability of the architect
IX	Waivers of lien
	A.	Partial
	B.	Final

 

Presenters

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James Zahn, FAIA, FALA, Esq., is also a noted author, lecturer and partner at Sabo & Zahn.   He has been licensed to practice architecture for over thirty-five years.   In 1991, Mr. Zahn and Mr. Sabo established their partnership which concentrates on representing architects and other parties involved in the architecture and construction industries.   Mr. Zahn was elevated to the College of Fellows in AIA in 2000.  Chairing the AIA Illinois Registration Task Force, which rewrote the Illinois Architecture Practice Act, led to his election as President of AIA Illinois in 1992.   He has served as Chair of the AIA Illinois Document Committee, as a member of the AIA National Documents Committee, and as Director of the Chicago Chapter of the Construction Specifications Institute.   Mr. Zahn is also a Resource Member to the AIA National Documents Committee. Along with Mr. Sabo, he co-authors a monthly construction law column for The Construction Specifier.  He has lectured extensively to attorneys, architects and others on construction law issues.		Mark Blankenship, CPCU, AIC is Sr. Vice President of HRH A&E,   a specialist brokerage group that provides insurance and risk management solutions to architects and engineers.  Mark has 21 years experience in insurance claims ranging from commercial property, general liability, and workers’ compensation to professional liability for architects and engineers.  Prior to joining HRH Insurance Agency, Mark was a claim Supervisor for Design Professionals Insurance Company.  He managed the company’s largest accounts across the Midwest which entailed handling claims on projects ranging from NFL stadiums and highway projects to single family residences.  Mark earned the Chartered Property Casualty Underwriter designation from the American Institute for Chartered Property Casualty Underwriters. He also holds an Associate in Claims degree from the Insurance Institute of America and a Bachelor of Arts with honors from Michigan State University.
Werner Sabo, FAIA, FALA, Esq., is a noted author, lecturer and partner at the construction law firm of Sabo & Zahn in Chicago. He is also a licensed architect, having practiced architecture for many years before establishing his own law practice in 1981. He is a member of a number of architectural and bar associations. He is also a founding member of the Society of Illinois Construction Attorneys. Mr. Sabo has been an Officer, Director and Vice-President of the American Institute of Architects Chicago, and President of the Chicago Chapter of the Construction Specifications Institute. Along with his partner, he co-authors a monthly construction law column for the Construction Specifier, a monthly publication to over 26,000 construction industry subscribers. In 1997, the AIA Elected him to the College of Fellows, and in 2005 he became a Fellow in the Association of Licensed Architects. His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fourth edition, and is well respected by other attorneys practicing in the construction law arena. He frequently lectures to attorneys, architects and others on construction law issues. Mr. Sabo is also a construction arbitrator and mediator for the American Arbitration Association and is admitted to the federal trial bar.		Paul Peterson, Esq., SOICA is Vice President and Assistant General Counsel for Chicago Title Insurance Company and Vice President and Senior Staff Underwriter of Fidelity National Title Insurance Company and Ticor Title Insurance Company specializing in mechanics’ lien underwriting and financial analysis on a national basis where the risk to the company exceeds local levels.  As such, he has lectured on documentation review, underwriting procedures and financial analysis for Chicago Title personnel in roughly a dozen states and has audited mechanics’ lien underwriting in several others.  Included in those presentations is a 2 ½ day presentation on Illinois mechanics lien underwriting, documentation review and disbursing practices.  Paul is the Vice Chairman of the Society of Illinois Construction Attorneys, is a member of the ABA Construction Forum, is a former chairman of the Mechanics’ Lien Subcommittee of the Chicago Bar Association and has been a speaker at the Chicago Bar Association seminars on mechanics’ liens in Illinois since 1992.  He has been a guest lecturer at the John Marshall Law School on construction payment practices and has given numerous other lectures before the Chicago Bar Association, law firms, banks and other organizations.  He has also had several articles published.

Registration

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Reservations due by May 2, 2008
Cancellations must be received 3 days prior to the meeting

To confirm your reservation, payment must be received in advance. 
“No Shows” will be invoiced for applicable fees.