Apr 25, 2013 - John H. âBuzzâ Tarlow. Tarlow Stonecipher & Steele, PLLC, .... data, real time monitoring and pre
P RO G R A M S
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P U B L I C AT I O N S
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P E O P L E
American Bar Association Forum on the Construction Industry
2013 Annual Meeting
Surfing the Next Wave: The Future of Construction Law and Practice
April 25-27, 2013 St. Regis Monarch Beach Resort Dana Point, CA
BUILDING THE BEST CONSTRUCTION LAWYERS
Dear Colleagues: The future starts on the West Coast – just ask your kids – so it is only appropriate that the Forum’s 2013 Annual Meeting takes us to the sparkling shores of sunny Southern California to learn about the future direction of construction law and construction law practice. Halfway between Los Angeles and San Diego, the incomparable St. Regis Monarch Beach Resort and Spa in Dana Point, California will be home to you and your family while you learn from some of the most insightful academics, industry experts and practitioners about how globalization and new technologies will affect your clients and your practice in the years to come. The two-and-a-half day program features sessions on the legal issues arising from new onsite construction technologies, new procurement and project management technologies, and the future of construction insurance and bonding, preference programs on public projects and workforce issues, as well as the impact of globalization on construction dispute resolution. Other sessions focus on the practice of construction law, from a construction lawyers’ technology expo featuring cutting-edge new hardware and software to enhance your client service, to an in-depth look at where the practice of construction law is headed in the future, to a live demonstration on the future of preserving, finding and presenting construction project data at trial. Thursday evening’s Welcome Reception is a can’t-miss occasion on the Grand Lawn of the St. Regis overlooking the Pacific Ocean. On Friday morning, spouses and guests can attend a cooking class and wine tasting at Laguna Culinary Arts in nearby Laguna Beach. Friday features separate luncheon sessions hosted by the Forum’s Divisions, giving you the opportunity to choose from among many topics and speakers and network in a smaller setting. Friday afternoon, the Forum Young Lawyers Section, teamed with the Surfrider Foundation, will lead us on a community service volunteer project to clean up a nearby ocean beach. Saturday morning’s program is an entirely new format focused on YOUR FUTURE. Designed for veteran rainmakers and new associates alike, you will have the opportunity to attend three out of four different interactive workshops, focusing on ethical business development skills for construction lawyers. Saturday morning concludes with a very special presentation to which your entire family is invited, by featured speaker Dr. David A. Wolf, a NASA astronaut who headed the construction of the International Space Station. Dr. Wolf will also sign autographs for young and old! The Forum Golf Tournament will be Saturday afternoon at the oceanfront course adjacent to the hotel, or you can be part of a Forum first - a Croquet Tournament on the resort grounds. So bring along your surfboard and join us for a memorable Forum experience that combines advanced construction CLE, enjoying the fellowship of your colleagues, and delighting in all that a legendary Southern California beach community has to offer!
PROGRAM CO-CHAIRS
GOVERNING COMMITTEE LIAISON
David J. Theising
Aaron P. Silberman
Harrison & Moberly, LLP Indianapolis, IN
Rogers Joseph O’Donnell, PC San Francisco, CA
Marilyn Klinger Sedgwick LLP Los Angeles, CA
LEADERSHIP CHAIR
IMMEDIATE PAST CHAIR
Jones Day, Washington, DC
Conner Gwyn Schenck PLLC Raleigh, NC
Andrew D. Ness
CHAIR-ELECT
James S. Schenck, IV
Terrence L. Brookie
Frost Brown Todd LLC, Indianapolis, IN
GOVERNING COMMITTEE Arthur D. Brannan
Michael F. Menicucci
Daniel S. Berman
Christopher D. Montez
DLA Piper LLP, Atlanta, GA Laurie & Brennan, LLP, Chicago, IL
Susan Fisher Stevens Sprint Nextel Corp. Overland Park, KS
William M. Hill
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA
G. Eddie James
Polsinelli Shughart PC, Kansas City, MO
Kerry L. Kester
Woods & Aitken LLP, Denver, CO
Calvert Menicucci P.C., Albuquerque, NM Thomas, Feldman & Wilshusen, LLP, Dallas, TX
Aaron P. Silberman
Rogers Joseph O’Donnell, PC, San Francisco, CA
Wendy Kennedy Venoit
McElroy, Deutsch, Mulvaney & Carpenter/PH, LLP, Hartford, CT
John S. Vento
Trenam Kemker Schart Barkin Frye O’Neill & Mullis PA, Tampa FL
W. Cary Wright
Carlton Fields PA, Tampa, FL
PROGRAM SCHEDULE
Wednesday April 24, 2013 10:00 AM – 5:00 PM ADVANCE REGISTRATION OPEN 3:00 PM – 5:00 PM ON-SITE REGISTRATION AVAILABLE 6:00 PM – 7:30 PM YOUNG LAWYERS RECEPTION hosted by the Forum Young Lawyers Section
Thursday April 25, 2013
9:45 AM – 10:45 AM
PLENARY 2
PREFERENCE PROGRAMS IN PUBLIC PROJECTS: WILL THIS TREND CONTINUE? This session is an opportunity to learn about future trends in federal, state and local government procurement, and particularly the expansion of programs to involve disadvantaged, small and local, disabled veteran-owned, minority-owned, and women-owned contractors, subcontractors, and suppliers, to require use of U.S. and local products and services (Buy America, ARRA and state/local initiatives) to protect particular industry sectors (anti-bid shopping laws), and to provide greater access to bonding and credit for small and emerging contractors.
Natalie D’Amora
7:00 AM – 5:00 PM REGISTRATION/EXHIBITION OPEN
Archer & Greiner PC, Philadelphia, PA
7:00 AM – 8:15 AM CONTINENTAL BREAKFAST — ALL ATTENDEES
David B. Ratterman
7:00 AM – 8:15 AM FIRST TIME ATTENDEE AND NEW MEMBER BREAKFAST WITH FORUM LEADERSHIP
Surety & Fidelity Association of America, Washington, DC
8:30 AM – 8:45 AM WELCOME FROM THE FORUM CHAIR OPENING REMARKS AND ANNOUNCEMENTS
11:00 AM – 12:00 NOON
8:45 AM – 9:45 AM
PLENARY 1
THE LEGAL ISSUES ARISING FROM FUTURE ON-SITE CONSTRUCTION TECHNOLOGIES The construction industry is finally focusing on its lack of productivity and efficiencies compared to other industries and is looking to advanced technology to change the paradigm. This session looks at the potential roles of emerging super hitechnology in construction, including robotics, modular construction, new contracting and administration techniques, and some key legal issues that may arise with the use of these new and emerging construction concepts, methods and materials.
Moderator John H. “Buzz” Tarlow
Tarlow Stonecipher & Steele, PLLC, Bozeman, MT
Martin Fischer
Professor of Civil Engineering Stanford University, Palo Alto, CA
Susan Warshaw Ebner
Asmar Schor McKenna, Washington, DC
Sean R. Calvert
Calvert Menicucci PC, Albuquerque, NM Stites & Harbison PLLC, Louisville, KY
Samuel A. Carradine, Jr. 10:45 AM – 11:00 AM BREAK
PLENARY 3
THE FUTURE OF CONSTRUCTION INSURANCE AND BONDING What is the future of construction insurance and bonding and the law that governs them? Will domestic and international underwriting standards, coverages, and policy language begin to merge? Will there continue to be coverage for construction defects? Will subcontractor default insurance continue to make inroads into the surety market and will law governing it develop? Will legislatures eliminate the statutory requirements for bonds? All this and more will be addressed by our expert panel.
Moderator Timothy C. Ford
Hill Ward Henderson, Tampa, FL
Leonard J. Geraci AIG, New York, NY
Richard E. Towle
Chubb Group of Insurance Companies, Warren, NJ
Joseph H. Jones, Jr.
Victor O. Schinnerer & Co., Inc., Chevy Chase, MD
12:15 PM – 1:45 PM LUNCHEON — FORUM ANNUAL BUSINESS MEETING — ELECTIONS & AWARDS 1:45 PM – 2:00 PM BREAK 2:00 PM – 3:00 PM
PLENARY 4
THE CONSTRUCTION LAWYER’S TECHNOLOGY TOOLBOX (Presented in conjunction with the ABA Law Practice Management Section) The ABA Model Rules of Professional Conduct now state that a lawyer should keep abreast of changes in the law and its practice, “including the benefits and risks associated with relevant technology.” This session showcases both hardware and software beneficial to a construction lawyer’s practice, while both in and out of the office. These new practice management tools have the potential to enhance client service many-fold, and are likely integral to the new paradigm that is “practicing construction law” in the 21st Century.
Matthew J. DeVries
Stites & Harbison PLLC, Nashville, TN
Ivan Hemmans
O’Melveny & Myers LLP, Los Angeles, CA
Ben M. Schorr
Roland Schorr & Tower, Flagstaff, AZ
3:00 PM – 4:00 PM
PLENARY 5
LEGAL SERVICES ARISING FROM NEW PROCUREMENT AND PROJECT MANAGEMENT TECHNOLOGIES New technologies are revolutionizing the way projects are bid, negotiated, memorialized, and managed. This session examines the legal services that will likely be spawned by future advances in procurement and back office project management, such as internet-based procurement, reverse online auctions, on-line real time simultaneous contract drafting and negotiation, and location-based scheduling.
R. Harper Heckman
Nexsen Pruet LLC, Greensboro, NC
Carole L. Bionda
Nova Group, Inc., Napa, CA
Michael F. D’Onofrio
Capital Project Management, Inc., Blue Bell, PA
4:00 PM – 4:15 PM BREAK 4:15 PM – 5:15 PM
PLENARY 6
THE LAW OF THE FUTURE — WORKFORCE ISSUES This session focuses on the future of the construction workforce -- the future of union labor, project labor agreements and their impact on collective bargaining agreements and prevailing wage statutes. The increasing prevalence of local hire requirements, right to work statutes, and diversity programs will also be analyzed, along with the use of foreign workers in the U.S. and U.S. workers employed cross-border.
Timothy M. Truax
Law Offices of Timothy M. Truax PC, El Segundo, CA
Robert R. Roginson
Atkinson Andelson Loya Ruud & Romo PLC, Cerritos, CA
Jacob M. Monty
Monty & Ramirez LLP, Houston, TX
5:15 PM OPENING DAY CONCLUDING ANNOUNCEMENTS 6:00 PM – 8:00 PM WELCOME RECEPTION Grand Lawn, St. Regis Monarch Beach Graciously supported by contributions from the Forum’s law firm sponsors
Friday, April 26, 2013 7:00 AM – 8:00 AM WOMEN’S BREAKFAST 7:00 AM – 8:00 AM CONTINENTAL BREAKFAST — ALL ATTENDEES 7:00 AM – 12:30 PM REGISTRATION/EXHIBITION OPEN 9:30 AM – 12:00 NOON SPOUSE AND GUEST COOKING CLASS AND WINE TASTING Laguna Culinary Arts, Laguna Beach
8:15 AM – 8:20 AM OPENING REMARKS AND ANNOUNCEMENTS
9:50 AM – 10:50 AM
PLENARY 8
THE FUTURE IS NOW — THE IMPACT OF GLOBALIZATION ON CONSTRUCTION DISPUTE RESOLUTION The project may be in your backyard, but the architect is from Sweden, the general contractor is owned by a Spanish conglomerate, and the steel is from China. Your local project may use the FIDIC contract forms, not AIA; and the UN Convention on the International Sale of Goods, not the UCC; and the New York Convention, not the Federal Arbitration Act, may be the governing law. Dispute resolution is as likely to be under ICC, ICDR, LCIA, or UNCITRAL rules as AAA. International norms are revolutionizing construction contracting and will influence the dispute resolution process. This session will explore the impacts of globalization on the future of domestic dispute resolution.
8:20 AM – 9:35 AM
PLENARY 7
FORECASTING CHANGE IN CONSTRUCTION LAW PRACTICE — IDENTIFYING THE TRENDS AND TOOLS FOR THRIVING IN A CHANGING MARKETPLACE This session explores how the construction business is changing and where the practice of construction law is headed. Given the dramatic need for construction services in the developing world, how will this globalization of the industry impact U.S. construction lawyers? What effect will the emergence of the “non-firm” law firm, contract lawyers, and outsourcing of legal services have? How will growing pressure to control fees and costs drive law firms’ use of technology and the possible use of construction litigation funding? Future consumers of legal services will likely demand counsel with higher levels of specialization, so how can small firms and solo practice lawyers compete in a more segmented legal market?
Moderator John R. Heisse
Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA
Peter Zeughauser
Zeughauser Group, Newport Beach, CA
Ernest J. Getto
Burford Capital, New York, NY
Kenneth L. Heaps
Latham & Watkins LLP, Los Angeles, CA
Artika R. Tyner
University of St. Thomas School of Law, Minneapolis, MN
9:35 AM – 9:50 AM BREAK
John B. (“Jack”) Tieder
Watt Tieder Hoffar & Fitzgerald LLP, McLean, VA
Richard J. Tyler
Jones Walker, New Orleans, LA
William K. Andrews
Andrews Myers PC, Houston, TX
10:50 AM – 12:00 NOON
PLENARY 9
THE TRIAL TIME MACHINE — THE FUTURE OF PRESERVING, FINDING, AND PRESENTING CONSTRUCTION PROJECT DATA AT TRIAL (Presented in conjunction with the Construction Litigation Committee of the ABA Litigation Section) A jurist, two construction lawyers, and a trial presentation consultant are our time-traveling tour guides as we embark on a journey to explore construction projects managed in the cloud, the electronic exchange and collaboration of project data, real time monitoring and preservation of events, and computer-assisted predictive coding for electronic document searches. Learn how these technological changes will impact how lawyers present project data in the trials and arbitrations of the future.
Moderator The Honorable Clifton Newman South Carolina Judicial Department, Kingstree, SC
Bruce A. Radke
Vedder Price PC, Chicago, IL
Thomas C. Gricks, III
Schnader Harrison Segal & Lewis LLP, Pittsburgh, PA
Susan G. Fillichio
DecisionQuest, Torrance, CA
12:15 PM – 1:30 PM DIVISION PROGRAM LUNCHES
2:00 PM – 5:00 PM Forum Community Service Event hosted by Young Lawyers Section and ARCADIS 6:00 PM – 7:30 PM DIVERSITY RECEPTION hosted by the Forum Diversity Committee
expanding ways lawyers use technology, and its proposals have resulted in changes to the ABA Model Rules. This panel will offer guidance on how to effectively use e-resources including webinars, social media, websites, and e-zines without violating the rules.
Merri A. Baldwin
Rogers Joseph O’Donnell, PC, San Francisco, CA
Saturday, April 27, 2013
Lisa Sumner Heard
7:00 AM – 8:00 AM CONTINENTAL BREAKFAST — ALL ATTENDEES
ETHICAL AND EFFECTIVE WAYS TO IDENTIFY AND NETWORK AT EVENTS AND CONFERENCES.
8:00 AM – 8:20 AM OPENING REMARKS AND ANNOUNCEMENTS YOUR FUTURE — HOW TO GET NEW CLIENTS ETHICALLY — THE ETHICS OF BUSINESS DEVELOPMENT FOR CONSTRUCTION LAWYERS 8:20 AM – 8:50 AM ETHICAL BUSINESS DEVELOPMENT STRATEGIES THAT CAN ADD NEW CLIENTS AND GROW REVENUE As you traverse the internet highway and its many social media off-ramps, it is essential that you avoid certain ethics “speed traps.” Most State Bars have adopted the American Bar Association Model Rules of Professional (ABA MRPC). Those that have not, like California, follow the ABA MRPC very closely. However, there are a few states that have differences from the ABA MRPC and in many, but not all of those instances, the ABA MRPC are more conservative. In thirty minutes this course will provide an overview of how you can develop strategies that steer away from malpractice as you propel towards a more prosperous career.
David K. Keller
Keller Business Development Advisory Group, Corte Madera, CA
8:50 AM – 10:50 AM BUSINESS DEVELOPMENT WORKSHOPS (Four Concurrent Workshops, 40 Minutes each—Repeated so that you can attend three Workshops)
WORKSHOP A.
ETHICAL AND EFFECTIVE WAYS TO USE THE INTERNET. Lawyers are increasingly using the internet to help grow their practices. As attention focuses on the ways attorneys may use the internet for marketing and in particular, social media, to attract new business and conduct the practice of law, concerns about ethical violations and potential liability escalate. The ABA Commission on Ethics 20/20 has specifically addressed the various and
Interface Consulting International, Inc., Houston, TX
WORKSHOP B.
Marketing and networking can be rewarding, but be warned. ABA Model Rules 5.5, 7.1 and 7.4 limit a lawyer’s ability to use puffery or exaggerate legal knowledge. These rules also limit how you can use non-lawyer staff in your practice. So how do you “work a room” without violating the rules? The panelists will discuss the rules and how you can successfully avoid the pitfalls.
Elizabeth B. Howard
Boyd & Jenerette PA, Jacksonville, FL
Amy Phillips
Arcadis U.S., Inc., Columbia, MD
WORKSHOP C.
ETHICAL AND EFFECTIVE WAYS TO COMMUNICATE WITH FORMER CLIENTS, MAKE COLD CALLS, AND ENCOURAGE REFERRAL SOURCES. Can I approach past clients that I advised when at a previous firm? Can I offer other attorneys referral fees? Can I offer client advice over the phone? The faculty will discuss which rules of professional conduct apply and how to best comply with them.
Julia Blackwell Gelinas
Frost Brown Todd LLC, Indianapolis, IN
Jerry Dow
Exponent, Inc., Oakland, CA
WORKSHOP D.
RESPONDING TO RFPS AND DOING ETHICAL AND EFFECTIVE PITCHES AND INTERVIEWS, WITH PROSPECTIVE CLIENTS. Lawyers frequently do not recognize that certain duties and obligations, under the Model Rules, apply when a lawyer agrees to consider whether a lawyer-client relationship shall be established. This includes, without limitation, responding to a prospective client’s request for proposal or qualifications. The panelists will discuss which rules of professional conduct apply and how to best comply with those rules.
James P. Diwik
Sedgwick LLP, San Francisco, CA
C.G. “Sonny” Jester
FTI Consulting, Inc., Atlanta, GA
10:50 AM – 11:00 AM BREAK 11:00 AM – 12:00 NOON A VERY SPECIAL FEATURED SPEAKER (All Attendees and Guests are Welcome)
Dr. David A. Wolf, Astronaut
David A. Wolf, with seven space walks and 168 days in orbit under his belt, has both an Electrical Engineering degree and is an M.D. Dr. Wolf will narrate a video shot largely in Earth orbit depicting one of the greatest construction projects ever undertaken by humankind, building the International Space Station. Dr. Wolf led the NASA spacewalk team that conducted over 100 spacewalks to complete this orbiting laboratory now at full operational capability. Dr. Wolf was intimately involved in the development, testing, and on-orbit execution of the unique construction methods conducted in the weightless vacuum of space, while travelling over 17,000 miles per hour, with temperature excursions of over 500 degrees. He provides an overview of operations inside the Space Station as well as bringing this historic construction effort to life in a presentation that all ages will long remember.
12:00 NOON PROGRAM CLOSING REMARKS
Special Events: WEDNESDAY, APRIL 24, 2013 6:00 pm – 7:30 pm YOUNG LAWYERS RECEPTION The Forum Young Lawyers take the lead in getting the socializing underway.
THURSDAY, APRIL 25, 2013 7:00 am – 8:15 am FIRST TIME ATTENDEE AND NEW MEMBER BREAKFAST This breakfast welcomes those attending their first Forum meeting, and welcomes back any who are attending for the first time in five or more years. Come enjoy breakfast with other first-timers and meet the leadership of the Forum.
12:15 pm – 1:45 pm ANNUAL BUSINESS MEETING & LUNCHEON At the Forum’s annual business meeting, new members of the Forum Governing Committee and a new Chair-Elect are elected, and those rotating out of Forum leadership positions are recognized. The meeting is highlighted by presentation of the Cornerstone and Leadership Awards, the Forum’s highest honors. Please join us in honoring those who make the Forum successful.
6:00 pm – 8:00 pm WELCOME RECEPTION ON THE GRAND LAWN, ST. REGIS MONARCH BEACH RESORT Bring your spouse or guest and gather with friends and colleagues for cocktails and heavy hors d’oeuvres on the Grand Lawn of the St. Regis. As the sun sets over the Pacific, enjoy the embrace of this five star, five diamond resort. Note: One reception ticket is included with each meeting registration. Guest tickets may be purchased at the time of registration.
FRIDAY, APRIL 26, 2013 7:00 am – 8:00 am WOMEN’S BREAKFAST Network, eat and socialize with many of the best-known women in construction law. This breakfast is a great opportunity to meet colleagues and talk about how we got here, where we are, and what the future holds for women in the profession.
9:30 am – 12:00 Noon SPOUSE AND GUEST COOKING CLASS AND WINE TASTING Club 19, Monarch Beach Golf Links/ St. Regis Monarch Beach Resort
Take a break from the beach or pool and join this gourmet cooking class and wine tasting, which will be held at Club 19 at the Monarch Beach Golf Links (onsite). $150 additional fee.
6:00 pm – 7:30 pm DIVERSITY RECEPTION All are invited to help celebrate the diversity of the Forum at the Diversity Reception, sponsored by the Forum Diversity Committee.
SATURDAY, APRIL 27, 2013 1:00 pm – 6:30 pm GOLF TOURNAMENT AT MONARCH BEACH GOLF CLUB The oceanfront Robert Trent Jones, Jr.designed Monarch Beach Golf Links adjoining our hotel is where the always fun and informal Forum Golf Tournament will be played on Saturday afternoon. A shotgun start will be followed by an awards ceremony. Golf clubs are available for rental with advance reservation. Sign up when registering for the meeting. Additional information will be provided for those registering. $225 additional fee.
12:15 pm – 1:30 pm DIVISION LUNCH PROGRAMS 1:00 pm – 5:00 pm Each lunch is hosted by one or more of the Forum’s Divisions, and each features CROQUET TOURNAMENT a speaker on a current issue or other topic of particular interest. Forum regulars appreciate that these Division programs are frequently highlights of the meeting! Choose the one that best fits your interests.
2:00 pm – 5:00 pm FORUM COMMUNITY SERVICE EVENT Hosted by Young Lawyers Section and ARCADIS
Monarch Beach
The Young Lawyers Section again leads our community service project, which involves spending a beautiful Friday afternoon cleaning up a local beach within walking distance of our hotel. Service project sponsor ARCADIS will provide everything you need to enjoy the event, including liquid refreshments. Do something worthwhile for this fragile ocean ecosystem while enjoying the beautiful beach and watching the surfers during breaks. Small additional charge.
The initial Forum Croquet Tournament will also be contested on the hotel grounds on Saturday afternoon. All equipment provided, along with a box lunch and awards ceremony following. Space is limited, so sign up early when registering. $40 additional fee.
DANA POINT/LAGUNA AREA ATTRACTIONS Enjoy a wide range of Orange County activity and entertainment options.For more information, visit http://anaheimoc.org/.
CONFERENCE INFORMATION 1. HOTEL INFORMATION: The conference will be held at the St. Regis Monarch Beach Resort, located at One Monarch Beach Resort, Dana Point, CA; Phone: 888-627-7219. Visit the hotel’s website at www.stregismb.com for further information.
2. HOTEL RESERVATIONS: The Forum has negotiated a special room rate of $265 (including porterage and internet fees) plus 10.16% tax per night for a single/double room. You may call the hotel directly at 949-234-3200 and mention the ABA Forum on the Construction Industry 2013 Annual Meeting. We have reserved a limited block of rooms through March 25, 2013. You must register for the conference prior to making your hotel reservation. After this date, and if we are sold out of our block, rooms will be assigned on a space available basis at a rate the hotel chooses. All changes and cancellations to guaranteed hotel reservations must be made with the hotel at least 72 hours before the scheduled day of arrival to avoid a one night’s cancellation charge.
3. AIR AND GROUND TRAVEL: The St. Regis Monarch Beach Resort is approximately 21 miles from John Wayne-Orange County Airport (SNA); 60 miles from Los Angeles International Airport (LAX); and 68 miles from San Diego International Airport (Lindbergh Field – SAN). For more information, please visit http://www.stregismb.com/ local-area-map. Airfare and car rental discounts for ABA meetings are available through ABA Orbitz for Business. To book online, go to www.americanbar.org/ travel > click on the Orbitz for Business logo at the top of the page > read the instructions under the “Travel Paid by Self” box. You may find additional information about Hertz rental car discounts at http://www.americanbar. org/membership/benefits_membership/discounts-travel/hertz.html. For assistance with online or offline reservations using the ABA Orbitz for Business website, call toll free 877-222-4185.
4. PROGRAM REGISTRATION: To register for all programs and events described in this brochure, we encourage you to register online at www.americanbar.org/groups/ construction_industry. Confirmations will be emailed or faxed to you within 72 hours of registration receipt. In order to be included in the list of program attendees, you must register by April 8, 2013. Guest tickets for special events are available for an additional fee. Please see the registration form for price details. Early Bird Registration Deadline: March 11, 2013.
5. ONSITE REGISTRATION Onsite Registration is available for those persons who missed the registration deadline. If you plan to register at the door, please call the Forum at 312-9885579 on or before Friday, April 19, 2013, to confirm that space is still available. Failure to call in advance may preclude admission to a sold out conference. Onsite registrants must pay the registration fees by check, money order, Visa, MasterCard, or American Express. NO registrations will be accepted without payment.
6. TUITION AND SCHOLARSHIP INFORMATION: Tuition includes admission to the program, welcome and other identified receptions, continental breakfasts, beverage breaks, luncheon, and course materials. The Forum provides program materials only on CD-ROM to help the environment. Please contact Bridget Miller at Bridget.Miller@americanbar. org for scholarship information.
7. CANCELLATION POLICY: Registrants who are unable to attend the conference will receive a refund less a $50 administrative fee if written cancellation is received by April 8, 2013. Cancellations may be emailed to
[email protected] or faxed to 312-988-5677. No refunds will be granted after April 8, 2013. Substitutions are acceptable, or conference materials will be sent in lieu of a refund after the program. The ABA reserves the right to cancel any programs and assumes no responsibility for personal expenses.
8. CLE CREDIT: ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 11.42 CLE credit hours (including 2 ethics hours) in 60-minute-hour states, and 13.7 credit hours (including 2.4 ethics hours) in 50-minute-hour states. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, please contact Sharon O’Connell at
[email protected].
9. MEMBERSHIP: To encourage registrants to join the ABA Forum on the Construction Industry, the reduced member’s tuition rate will be extended to registrants who join the Forum when they register for the conference. Forum membership dues are $50 for attorneys/associates and $5 for law students. Membership in the ABA and one Section is a prerequisite to Forum membership. Please include a separate check (payable to the American Bar Association) for membership dues.
10. TAX DEDUCTION FOR EDUCATIONAL EXPENSES: In the United States an income tax deduction may be allowed for educational expenses undertaken to maintain or improve professional skills. This includes registration fees, travel, meals and lodging expenses (see Treas. Reg. Sec. 1.162-2) Coughlin v. Commissioner, 203 F.2d 307 (2nd Cir. 1953.)
11. AMERICANS WITH DISABILITIES ACT: If special arrangements are required for disabled individuals to attend this program, please contact the Forum in writing by March 30, 2013 at the American Bar Association, 321 N. Clark Street, Chicago, Illinois, 60654. Email:
[email protected].
12. DRESS: In keeping with Forum tradition, participants are encouraged to wear business casual attire during the programs and all special events.
13. FOR THE LATEST PROGRAM INFORMATION: Please visit the ABA Forum on the Construction Industry’s website: www. americanbar.org/groups/construction_industry. Contact sharon.oconnell@ americanbar.org with questions.
THE ROOSEVELT, NEW ORLEANS, LA
APRIL 10-12, 2014
2014 Annual Meeting
OMNI SHOREHAM, WASHINGTON, DC
September 26-27, 2013
2013 Fall Meeting
Save the Date
American Bar Association 321 North Clark Street MS 18.2 Chicago, IL 60654 www.americanbar.org/groups/construction_industry Association
American Bar
Paid
US Postage
First-Class
REGISTRATION FORM HOTEL INFORMATION The conference will be held at the St. Regis Monarch Beach Resort, located at One Monarch Beach Resort, Dana Point, CA; Phone: 888-627-7219. The Forum has negotiated a special room rate of $265 (including porterage and internet fees) plus 10.16% tax per night for a single/double room. You may call the hotel directly at 949-234-3200 and mention the ABA Forum on the Construction Industry 2013 Annual Meeting. We have reserved a limited block of rooms through March 25, 2013. You must register for the conference prior to making your hotel reservation. After this date, and if we are sold out of our block, rooms will be assigned on a space available basis at a rate the hotel chooses. All changes and cancellations to guaranteed hotel reservations must be made with the hotel at least 72 hours before the scheduled day of arrival to avoid a one night’s cancellation charge. Visit the hotel’s website at www.stregismb.com for further information.
PROGRAM MATERIALS In our continuing effort to help “green” the environment, program materials for this year’s meeting will be available for all attendees at the registration desk on CD-ROM only. Prior to the meeting, you will receive a link to the conference webpage to access the materials if you wish to bring a hard copy of any particular program with you to the meeting. CLE certificates will also be on the CD-ROM.
Three Easy Ways to Register! ABA Forum on the Construction Industry 2013 Annual Meeting
Early Bird Registration Deadline: March 11, 2013 Housing Deadline: March 25, 2013 Advance Registration Deadline: April 8, 2013 Onsite Registration Opens: April 24, 2013 at 3:00 PM
+ MAIL
W FAX
Please complete both sides of this form and mail with payment to:
If paying by credit card, you may fax your form to: ATTN: Sharon O’Connell 312-988-5677
American Bar Association ATTN: Sharon O’Connell Forum on the Construction Industry 321 N. Clark, MS 18.2, Chicago, IL 60654
8 INTERNET
www.americanbar.org/groups /construction_industry
REGISTRANT INFORMATION:
Last Name/First Name/MI (Name as you wish it to appear on name badge) Firm/Company/Agency Address City/State/Zip Business Phone (
)__________________ Business Fax (
)__________________
Email Address______________________________________________________________ ABA Member ID #__________________________________________________________
Spouse or Guest Name (Print as you wish names to appear on badge) Please check if you are: c A First-Time Attendee
c A New Member
c Licensed to Practice in New York Allergy __________________________
c Vegetarian
REGISTRATION FEES: ON OR BEFORE 3/11/13 AFTER 3/11/13 c General Attendees, private practice $850 $900 c Forum Members, private practice $725 $775 c *Bar or Industry Association Partner $725 $775 Indicate which Association_______________________________________________ c Govt/Academic/In-house $510 $560 c Past Governing Committee $430 $480 c New Member, First Timer, YLD $555 $605 c 20 Yr $555 $605 c Law Students $50 $65 c Current Leadership (GC, Division Chairs, Comm Chairs) $0 $0 c Past Officers & Cornerstone Recipients $0 $0 c Speakers $0 $0
Subtotal
$______ $_____
*Members of Associated General Contractors (AGC), San Francisco La Raza Lawyers Association, Ventura County Bar Association, Hispanic National Bar Association, Los Angeles County Bar Association and Construction Owners Association of America may register at the Forum Member rate.
SOCIAL EVENTS:
Event: Fee Quantity Total Wednesday Young Lawyers Reception (meeting registrants only) Free _____ N/A Thursday First Time Attendee/New Member Breakfast Free _____ N/A Annual Business Meeting/Luncheon Free _____ N/A Welcome Reception Free _____ N/A Welcome Reception Guest $75 _____ $_____ Friday Spouse/Guest Cooking Class $150 _____ $_____ Young Lawyers Service Project - Beach Cleanup $10 _____ $_____ Diversity Reception (meeting registrants only) Free _____ N/A Golf Tournament $225 _____ $_____ Croquet Tournament $40 _____ $_____ Subtotal $_____
MEMBERSHIP APPLICATIONS:
c Please enroll me as a member of the Forum on the Construction Industry. Membership fee ($50 Regular/$5 Law Student). I understand I must be a member of the ABA and at least one Section. I belong to the following Section(s):
_______________________________________________________________
5. MATERIALS ONLY:
c I will not be attending the seminars and wish to order program materials at $150 $_____
PROGRAM REGISTRATION WEDNESDAY, APRIL 24, 2013 (SELECT ONE) 6:00 pm – 7:30 pm
Young Lawyers Reception
THURSDAY, APRIL 25, 2013 7:00 am – 8:15 am c First Time Attendee/New Member Breakfast
12:15 pm – 1:45 pm
c Annual Business Meeting & Luncheon
6:00 pm – 8:00 pm
c Welcome Reception
FRIDAY, APRIL 26, 2013 7:00 am – 8 am
c Women’s Breakfast
12:15 am – 1:30 pm
DIVISION LUNCH PROGRAMS c Div 1 – Dispute Avoidance & Resolution c Div 2 – Contract Documents c Div 3 – Design & Young Lawyers c Div 4 – Project Delivery Systems c Div 5 – Contract Negotiations, Performance & Administration c Div 6 – Workforce Management & Human Resources c Div 7 – Insurance, Surety & Liens c Div 8 – International Construction c Div 9 – Specialty Trade Contractors & Suppliers c Div 10 – Legislation & Environment c Div 11 – Corporate Counsel c Div 12 – Owners & Lenders 2:00 pm – 5:00 pm c Young Lawyers Service Project - Beach Cleanup
6:00 pm – 7:30 pm
6. TOTAL PAYMENT: $_________ 7. PAYMENT INFORMATION
c Diversity Reception
Check (made payable to the American Bar Association)_________
1:00 pm – 6:30 pm
Credit Card:
c MasterCard
c VISA
c American Express
Card Number:____________________________________ Exp. Date:______________________ Cardholder Name:_______________________________________________________________ Signature:______________________________________________________________________ Total Amount Due: __________________________
SATURDAY, APRIL 27, 2013 c Golf Tournament 1:00 pm – 5:00 pm c Croquet Tournament
