Pre-Registration is Closed Welcome Leadership Program Schedule Special Events Conference Information WEDNESDAY, April 25, 2012 10:00 am – 5:00 pm ADVANCED REGISTRATION /INFORMATION 3:00 – 5:00 pm EXHIBITOR SET-UP ONSITE REGISTRATION THURSDAY, April 26, 2012 7:00 am – 5:30 pm REGISTRATION/EXHIBITS OPEN 7:00 am – 8:30 am ORIENTATION BREAKFAST 7:00 am – 8:30 am WOMEN ATTENDEES NET WORKING BREAKFAST 7:30 am – 8:30 am CONTINENTAL BREAKFAST 8:30 am – 8:45 am WELCOME FROM THE CHAIR OPENING REMARKS AND ANNOUNCEMENTS 8:45 am – 10:00 am PLENARY 1 DOES IT REALLY MATTER? WHAT DOES THE PROJECT DELIVERY SYSTEM BRING TO THE SUCCESS OR FAILURE OF THE PROJECT? Can the Project Delivery System (“PDS”) have an effect on the success or failure of a project on minimizing disputes and on the means and manner in which litigation or arbitration proceeds? How can we measure the success or failure of a PDS? What lessons can we learn from projects gone bad and well based on the PDS selected? SPEAKERS: Ross J. Altman DLA Piper, Chicago, IL Jeffrey R. Appelbaum Thompson Hine LLP, Cleveland, OH Jeffrey G. Gilmore Akerman Senterfitt, Vienna, VA 10:00 am – 10:15 am BREAK 10:15 am – 11:15 am PLENARY 2 YOU’VE GOT A FRIEND, OR DO YOU? HOW DO THE DELIVERY SYSTEMS AND PART Y POSTURES IMPACT LITIGATION STRATEGY AND PROCEDURES IN MULTIPART Y CONSTRUCTION CLAIMS? How does the delivery system used impact litigation activities, strategy and procedures? How do the alliances among the parties shift once we are in litigation? How do the shifting alliances affect pleading and proof? For example, in CMAR, the CM could be aligned with the Owner against the trades. In Design-Build, the architect is adverse to the Owner. What about other systems? Can the adversary change through the use of tolling agreements, third-party agreements and empty chairs? SPEAKERS: John E. Bulman Little Medeiros Kinder Bulman & Whitney PC, Providence, RI Joel D. Heusinger Woods & Aitken LLP, Denver, CO Allison J. Snyder Porter Hedges LLP, Houston, TX 11:15 am – 11:30 am BREAK 11:30 am – 12:30 pm WORKSHOP A THE RUMBLE IN THE JUNGLE — LETTERS OF CREDIT VS. BONDING. Securing performance risk in alternative delivery projects: A consideration of letters of credit, bonding and insurance options for traditional and non-traditional delivery systems. What are the challenges for bonding companies in the Design-Build and CM world, and what are the challenges of bonding the LEAN construction agreements, alliancing arrangements, and 3- party collaborative agreements? How are they different from the DBB project? Are bonding companies getting caught up in claims for design defects? Has that affected bonding rates? How are LOC’s being used with new project delivery systems? Can you even get them today? Are Pa r e n t Corporation guarantees the new type of performance guarantee? SPEAKERS: Jonathan J. Dunn Sedgwick LLP, Irvine, CA John J. Petro Williams & Petro Co., LLC, Columbus, OH 11:30 am – 12:30 pm WORKSHOP B CONTRACTING IN THE PUBLIC SECTOR – THE TREND TOWARDS PUBLIC PRIVATE PARTNERSHIPS – A PRACTICAL GUIDE TO WHAT ALL OF THE STAKEHOLDERS SHOULD KNOW BEFORE GETTING INVOLVED. Increasingly, public bodies are looking at public-private partnerships to finance construction projects. What are the issues and risks faced by the various stakeholders in getting involved with a public-private partnership project? What steps should the stakeholders take to manage these risks before getting involved? What language should contracts and subcontracts include? SPEAKERS: Jayne Czik Citnalta Construction Corp., Bohemia, NY Michael L. Sterling Vandeventer Black LLP, Norfolk, VA 11:30 am – 12:30 pm WORKSHOP C THE IMPACT OF COLLABORATIVE PROJECT DELIVERY SYSTEMS ON DISPUTES AND DISPUTE RESOLUTION PROCEDURES Does the delivery system have an effect on the dispute resolution system selected or vice-versa? Can the selection of the PDS reduce disputes? How does the closer relationship among owner, contractor and design professional in many systems affect resolution? How can we improve on the system? SPEAKERS: Catherine Shanks, Dispute Resolution Specialist, Boston, MA Danny G. Shaw Baker Donelson Bearman Caldwell & Berkowitz, Mandeville, LA 12:30 pm – 2:00 pm LUNCH - FORUM BUSINESS MEETING - ELECTION OF OFFICERS, PRESENTATION OF AWARDS 2:00 pm – 2:15 pm BREAK 2:15 pm – 3:15 pm PLENARY 3 DOES THE CM HOLD ALL THE CARDS? A CRITICAL LOOK AT CM AS AGENT AND CM AT RISK AND WHERE IT IS HEADED. Use of the Construction Manager as Agent and Construction Manager at Risk forms of contracting have evolved over the last several years. What is new and where is it headed? How should it be modified to fit the unique needs of the project, large or small? What are the lessons learned from projects gone bad and those that have been successful? The panel will provide you with an update on construction management and unique insights into its future use. SPEAKERS: Adrian L. Bastianelli, III (Moderator) Peckar & Abramson, P.C., Washington, DC John Carpenter Kiewit Corporation, Fairfield, CA Judy Herman Tishman Co., New York, NY Chris E. Ng Gibbs Giden Locher Turner & Senet, Los Angeles, CA 3:15 pm – 3:30 pm BREAK 3:30 pm – 4:30 pm WORKSHOP D CONTRACT PROVISIONS — WHO READS THEM ANYWAY? Are the industry form contracts suitable, what amendments should be made based on the type of delivery system utilized? What are the key issues to negotiate with each system, and what would you recommend to improve the contracts? SPEAKERS: Robert J. MacPherson Gibbons P.C., Newark, NJ Melissa Orien Beutler Holland & Hart, Salt Lake City, UT & Las Vegas, NV 3:30 pm – 4:30 pm WORKSHOP E CONTRACTING ACROSS BORDERS: CHOOSE THE RIGHT PROJECT DELIVERY SYSTEM OR FACE THE CONSEQUENCES. International Projects and cross-border transactions often involve unique types of delivery systems and contracting structures. This session will address these unique aspects of international contracting, the key legal issues associated with these projects and the structure of the Project Delivery Systems. SPEAKERS: Roberto Hernandez-Garcia Comad, S.C., Mexico City, Mexico Wendy Kennedy Venoit McElroy Deutsch Mulvaney & Carpenter LLP, Hartford, CT 3:30 pm – 4:30 pm WORKSHOP F BADA BING, BADA BANG, BADA BIM – SORTING THROUGH THE SIZZLE TO DRAFT MEANINGFUL CONTRACT TERMS. Drafting effective contract terms for BIM projects is impacted by numerous factors such as the choice of project delivery systems, how much of the project life cycle modeling is needed, and the level of detail or dimensional reliability required at various points in development of the virtual modeling. This session will analyze a number of these critical factors that drive articulation of BIM contract terms and explain how to contractually manage common risks of the collaborative modeling process, giving specific examples of how to modify terms in AIA and ConsensusDOCs BIM contract forms. SPEAKERS: Kim A. Hurtado Hurtado, S.C., Wauwatosa, WI Michael J. Vardaro Zetlin & DeChiara LLP, New York, NY 4:30 pm – 4:40 pm BREAK 4:40 pm – 5:30 pm PLENARY 4 DESIGN-BUILD - HAVE WE PERFECTED IT OR DO WE HAVE WAYS TO GO? Has Design-Build met the promises of 15 years ago when use of this delivery system started accelerating? What are the good, the bad and the ugly of this delivery system? Is Design-Build already being replaced by hybrid systems such as Design Assist or IPD? What lessons can we learn from case law, litigation, and projects that have gone well and gone bad? SPEAKERS: Eileen M. Diepenbrock Diepenbrock Elkin, LLP, Sacramento, CA Michael C. Loulakis Capital Project Strategies, Reston, VA 6:00 pm – 8:00 pm WELCOME RECEPTION AT BELLAGIO HOTEL Grand Patio FRIDAY April 27, 2012 7:30 am – 12:15 pm REGISTRATION/EXHIBITS OPEN 7:30 am – 9:00 am DIVISION BREAKFASTS 8:00 am – 9:00 am CONTINENTAL BREAKFAST 9:15 am – 9:25 am OPENING REMARKS AND ANNOUNCEMENTS 9:25 am – 10:40 am PLENARY 5 DIVERSIT Y PROGRAM: AN UPDATE ON THE STATUS AND OPERATION OF FEDERAL CONTRACTING PROGRAMS FOR SMALL, MINORIT Y AND WOMEN OWNED BUSINESSES. An analysis of recent changes to the status of federal small business and diversity programs including programs for Minority, Women and Veteran Owned Small Businesses. What are the current legal challenges to the constitutionality of diversity program participation goals and set-aside’s? What does a prime or general contractor need to know when subcontracting with a minority, women or veteran owned small business? Are joint ventures or mentor-protégé agreements a good option? What do you need to know if you are legal counsel to a small business participating in a SBA diversity program? How does a company challenge the status of a competitor as a minority, women or veteran owned small business? SPEAKERS: Larry D. Harris (Moderator) Fox Rothschild, LLP, Washington, DC Denise E. Farris Farris Law Firm LLC, Kansas City, MO Patricia Meagher Rogers Joseph O’Donnell, San Francisco, CA 10:40 am – 10:50 am BREAK 10:50 am – 12:00 pm WORKSHOP G THE IMPACT OF PROJECT DELIVERY SELECTION ON THE ROLE OF SUBCONTRACTORS. How do the Risks, Rewards and Responsibilities of the Subcontractor change based on the Project Delivery System utilized? How does allocation of the 3Rs vary from the point of view of the Sub and Prime? What risks are enhanced or minimized by the Delivery System in place? What are the practical tips for consideration in drafting agreements between the Sub and Prime to fairly allocate the 3Rs during different phases of a project? Are Teaming Agreements the answer to secure the job? SPEAKERS: Julia M.I. Holden Davis Bankston Gronning O’Hara, Anchorage, AK Richard A. Stockenberg Gallop Johnson & Neuman, L.C., St. Louis, MO 10:50 am – 12:00 pm WORKSHOP H THE ROLE OF DESIGN PROFESSIONALS ON EACH DELIVERY SYSTEM. What are the design professional’s risks under different PDS’s? How do they manage those risks in the different PDS’s? How do the various industry contract forms address the various risks and what new risks are created by the forms themselves? Are there increased risks for design professionals when providing estimates in various PDS’s? How do those costs get covered? SPEAKERS: Keith J. Bergeron Deutsch Kerrigan & Stiles, New Orleans, LA David W. Zimmerman Holland & Hart, Salt Lake City, UT 10:50 am – 12:00 pm WORKSHOP I THE ROLE OF OWNERS AND LENDERS AND HOW THEY DIFFER WITH THE CHOICE OF DELIVERY SYSTEM. What are the key differences as design is integrated further and further into the delivery process: First with construction, then with construction and O&M, and finally with finance, construction and O&M? How does an owner’s preparation change with the delivery system? How do procurement processes differ? How does the owner’s role during performance change with the delivery system? Do key clauses remain? How and who do they protect? Does a Lender’s involvement offer opportunities to independently confirm project viability? SPEAKERS: Joel K. Gerber Rubnitz, Gerber & Ziblut, P.C., Savannah, GA Dr. John B. Miller Barchan Foundation, Winchester, MA 12:00 pm PROGRAM ADJOURNS 1:00 pm – 6:00 pm YOUNG LAWYERS SERVICE PROJECT SATURDAY April 28, 2012 7:00 am – 8:15 am CONTINENTAL BREAKFAST 8:20 am – 8:30 am OPENING REMARKS 8:30 am – 9:45 am PLENARY 6 FEDERAL GOVERNMENT CONTRACTING SYSTEMS. A look at the various delivery systems used by the federal government as well as a discussion of their effectiveness. What are the statistics on claims reduction (if any)? Is the Government able to get the contractors it wants? Is government running afoul of “full and open competition requirements?” From the Contractor’s perspective, how has working for the federal government changed over the past 10-20 years as a result of the new PDS being implemented? SPEAKERS: Michael D. Tarullo (Moderator) Ice Miller LLP, Columbus, OH Bill H. Gammon Nelson Mullins Riley & Scarborough, Raleigh, NC Tom H. Gourlay, Jr. U.S. Army Corps of Engineers, Washington, DC 9:45 am – 10:00 am BREAK 10:00 am – 11:00 am PLENARY 7 INTEGRATED PROJECT DELIVERY – THE GAME CHANGER. Integrated Project Delivery (“IPD”) is a value based delivery method that revolutionizes the process of design and construction by aligning key parties’ interests, project goals and outcomes. Come learn about IPD, how it works, how project performance is enhanced through collaborative delivery, basic deal structures and contract negotiation. SPEAKERS: Joseph A. Cleves Dressman, Benzinger, Lavelle, PSC, Cincinnati, OH Lisa Dal Gallo Hanson Bridgett LLP, San Francisco, CA 11:00 am – 11:10 am BREAK 11:10 am – 12:15 pm PLENARY 8 21ST CENTURY ETHICS ISSUES FOR CONSTRUCTION LAWYERS. This session will focus on the activities of the ABA Commission on Ethics 20/20 recommendations and proposals. The Commission was created in August, 2009, and charged with the responsibility for examining the ethical impact of advancing technology and globalization on the legal profession. We will offer reactions and comments to the proposal from a construction lawyer’s perspective. SPEAKERS: Leslie K. O’Neal-Coble Brasfield & Gorrie, LLC, Lake Mary, FL James J. Scott Greensfelder Hemker & Gale, PC, St. Louis, MO Andrew Perlman Suffolk University, Boston, MA 12:15 pm PROGRAM ADJOURNS 1:15 pm GOLF TOURNAMENT AT BALI HAI GOLF COURSE Pre-registration is required.   No onsite registration available.