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CONSTRUCTION LAW UPDATE

17th Annual Construction Law Conference

March 4 & 5, 2004
Dallas, Texas

William R. Allensworth

Allensworth and Porter, L.L.P.
Austin, Texas




Abstract

The year saw revolutionary legislative changes to residential construction law and to civil procedure, a flurry of judicial decisions on sovereign immunity, the inexorable movement of construction disputes into arbitration, and several vivid examples of the pitfalls of construction litigation. This paper will attempt to explain how the members of the construction team are affected by all of this, recognizing that other speakers will address several of these topics in much greater detail.

Table of Contents

  • INTRODUCTION
  • HOMEBUILDERS
  • CONTRACTORS
    • Sovereign Immunity
    • Claims
    • Procurement
    • Bid Protests
    • Affirmative Action
  • SUBCONTRACTORS
    • Pass-Through Claims
    • Mechanic’s Liens
    • Constitutional Lien
    • Demolition Lien
    • Trust Funds
  • DESIGN CLAIMS
  • ARBITRATION
    • Scope
    • Parties
    • Waiver
    • Arbitrator Misconduct
  • INJURED WORKMEN
    • Control
    • Workers’ Compensation
  • INSURANCE
  • DAMAGES
    1. Damages for delay
    2. Eichleay Damages
    3. Proof of Damages
  • REMARKABLE CASES
  • TABLE OF AUTHORITIES



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Last updated January 18, 2005