MONDAY, SEPTEMBER 11, 2023

2:50 P.M. – 3:40 P.M. | Cybersecurity and the Construction Industry: Obligations, Liabilities, Insurance and Best Practices
Hacking, phishing, and spoofing – Oh my! The need for effective cybersecurity measures in construction is growing rapidly. As the construction industry continues to advance technologically, proper cybersecurity measures must be implemented to protect against potential malicious attacks. These measures must go well beyond simply implementing a secure password policy. Join this lively interactive discussion that will address the various types of cybersecurity threats, including those specific to the construction industry; the importance of strong cybersecurity practices, policies, and training; and insurance coverage to protect businesses against financial losses caused by cybersecurity breaches.

Session Facilitators:

• Michelle Akerman, Hanson Bridgett LLP (San Francisco, CA)
• Louis J. Vogel, Sweeney & Sheehan, P.C. (Philadelphia, PA)

3:55 P.M. – 4:45 P.M. | Disadvantaged Business Enterprises, Workforce Goals, and Related ESG Issues
Construction has long been a male-dominated industry and, in most cases, dominated by white men. Certifications are one way to help create a level playing field in the construction industry for non-majority-owned businesses. Various federal, state, local, and private programs exist to promote these businesses and increase their participation in contracting opportunities. Workforce participation goals are another way to help level the playing field in the construction industry. In this session, we will examine DBEs, workforce goals, and other environmental, social, and governance (ESG) issues – issues that consider ways to ensure accountability and implement systems and processes to generate value for all organizational stakeholders.

Session Facilitators:

• Caryn A. Boisen, Larson King (St. Paul, MN)
• Colleen E. Hastie, Traub Lieberman (Hawthorne, NY)

TUESDAY, SEPTEMBER 12, 2023

8:00 A.M. – 9:00 A.M. | Flowing Down of Dispute Resolution Provisions: Joinder, Vouching In, Contingent Payments and Due Process
No construction project runs exactly according to plan. That’s why it is important in every construction contract to address how disputes will be handled. However, even the most well-written and efficient dispute resolution clauses can lead to delays, extra costs, and negative feelings. Disputes between and among multiple parties – including parties not in privity of contract – are commonplace. This discussion will focus on dispute resolution for construction projects, including strategies and tactics to ensure that disputes are fully and completely resolved in the most efficient way possible.

Session Facilitators:

• Matthew C. Bouchard, Poyner Spruill LLP (Raleigh, NC)
• Kurt U. Campbell, Klinedinst PC (San Diego, CA)
• Michael A. Ludwig, Jones, Skelton & Hochuli, P.L.C. (Phoenix, AZ)

9:15 A.M. – 10:15 A.M. | Early Contractor Involvement in Planning and Design: Benefits and Burdens
It is an age-old dilemma in the construction industry: How do you construct a project properly, on time, and under budget? To address these concerns, there is an ever-growing push for contractors and subcontractors to take on more design responsibilities, sometimes long before the overall project design is completed. This session will explore the increasing use of Informal Involvement, Design Assist, Delegated Design, and Construction Management arrangements, including the benefits these project delivery methods can bring to a construction project – and the resulting risks and burdens that can accompany them.

Session Facilitators:

• Ian Austin, Copeland, Cook, Taylor & Bush, P.A. (Ridgeland, MS)
• Stanford P. Fitts, Strong & Hanni, PC (Salt Lake City, UT)
• Jason A. Webber, Rubin and Rudman LLP (Boston, MA)

10:30 A.M. – 11:30 A.M. | What Is On Your Mind?: Open Discussion of Current Topics

It’s been said that the more things change, the more they stay the same. The construction industry is facing new opportunities and new challenges with each passing year. This session will give participants an opportunity to discuss trends, forecast opportunities, and vet the concerns that keep them up at night. Come and tell us: What’s on your mind today?

Session Facilitators:

• Christy E. Mahon, Sweeney Wingate & Barrow, P.A. (Columbia, SC)
• Matt McDevitt, Pierce Couch Hendrickson Baysinger & Green, L.L.P. (Oklahoma City, OK)
• Thomas A. Ped, Williams Kastner (Portland, OR)