Insight Center: Events

The Construction SuperConference: Building Insight, Strengthening Connections

Speakers: Albert Bates Jr., Bruce W. Ficken, Richard W. Foltz Jr., Ted R. Gropman and Ira M. Schulman

December 7-9, 2015
The Construction SuperConference: Building Insight, Strengthening Connections

Pepper Hamilton is a sponsor of the Construction SuperConference, now in its 30th year. It is recognized as the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets. Impactful plenary sessions and compelling panel discussions from top legal, consulting, and leaders of construction companies bring to the forefront challenging issues and new insights into the legal, business, and economic challenges and opportunities in today’s construction industry. Participants will walk away with invaluable information and resources to assist them in meeting today’s challenges. The program design of the conference allows ample opportunity to meet and network with representatives from the leading construction firms and the industry’s top construction attorneys.

The keynote for this year’s conference will be the 16th Secretary of Transportation, Ray LaHood.

Crisis Management in Construction Projects
Monday, December 7, 2015 | 3:45 PM  – 5:00 PM

Ted R. Gropman, Partner, Pepper Hamilton LLP
Jennifer McMullen, Vice President - EHS, Skanska USA Building
George J. Pierson, President, The Pierson Advisory Group
Christopher J. White, Regional General Counsel, Peter Kiewit Infrastructure Co

A crisis can strike any company at any time. Crises run the gamut from the tragic BP gulf oil spill to the departure or illness of a key employee. The construction industry is not immune. Failures, natural disasters and industrial accidents are an unfortunate reality of the construction industry. How an entity plans for and manages a crisis can impact its costs, liabilities, risks and reputation going forward. Is your company ready? This session focuses on crisis management – the process by which an organization deals with an event that threatens to harm the organization, its stakeholders or the public. These issues will be addressed in the context of planning for and responding to a crisis on a construction project. Topics will include: internal planning, development of a crisis management team, first response, and communications with employees, customers and the media. Panel discussion will provide a vehicle for attendees to examine others’ experiences and gain insight into their behavior during real-life crises

Upon completion of this session attendees will be able to:

  • How to develop a crisis management plan
  • How to respond after the first report of an issue
  • Strategies for managing the media.

Litigation vs. Arbitration: Taking the Gloves Off
Tuesday, December 8, 2015 | 9:30 AM - 10:45 AM

Michael R. Powell, Vice President, American Arbitration Association
Bruce W. Ficken, Partner, Pepper Hamilton LLP
Albert Bates, Jr., Partner, Duane Morris LLP (joined Pepper Hamilton April 2016)
Paul A. Bruno, Managing General Counsel, Fluor Corporation
Mark Lowes, Vice President Litigation, KBR

How often has a client asked you which is more advantageous for adjudicating their construction dispute, arbitration or litigation? It is vital for counsel and business executives to have a clear understanding of the advantages and drawbacks of each process. This panel will provide a specific set of facts and demonstrate how the presentations and defenses might differ depending on whether the matter was tried before a jury or before a panel of arbitrators. Participants will benefit from the experiences of seasoned litigators and in-house counsel and will leave with a better understanding of how to advise their clients.

Upon completion of this session, participants will be able to:

  • Learn effective advocacy of a construction dispute in arbitration vs. litigation
  • Understand the issues and challenges that are common to litigation and arbitration
  • Implement and effectively draft contracts to manage the dispute-resolution processes for their particular project.

Top 10 Ways Contractors Overstate Claims
Tuesday, December 8, 2015 | 9:30 AM - 10:45 AM

Kim Reome, Vice President, The Kenrich Group, LLC
Richard W. Foltz, Jr,  Pepper Hamilton, LLP
Kent W. Kindsay, Partner, Jones Day

This panel discussion will describe the most frequent ways contractors overstate construction claims, illustrate through examples from experience, and provide insights on the legal considerations of construction claims from the owner and contractor’s perspectives.

Upon completion of this session, participants will be able to:

  • Understand the legal considerations to consider when constructing claims
  • Recognize how construction claim overstatements may occur
  • Perform quick checks to use as a preliminary construction claim review.

Advocacy in Construction Disputes III:  Bad Facts
Tuesday, December 8, 2015 | 2:15 PM - 3:30 PM

Bruce Ficken, Attorney, Partner, Pepper Hamilton LLP
Ira Schulman, Attorney, Partner, Pepper Hamilton LLP
Adrian Bastianelli, III, Attorney, Partner, Peckar Abramson, PC
H. James Wulfsberg. Attorney, Partner, Chair, Construction Law Practice Group, Wulfsberg Reese Colvig & Firstman

This year will mark the third of a series of programs presented by this distinguished panel on advocacy in construction disputes. All lawyers who litigate construction disputes, sooner or later, are faced with a case where facts are terrible for your client and, for one reason or another, the dispute cannot be settled. The issue in these cases is how you prepare to try a dead pan loser.

Upon completion of this session, participants will be able to:

  • Organize a tactical approach to a difficult case
  • Better prepare an unappealing witness caught on the losing side of the dispute
  • Understand the importance of credibility even where it appears the advocate has nothing to lose.

Hilton San Diego Bayfront
1 Park Boulevard
San Diego, CA 92101

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