Table of Contents
- INTRODUCTION 1
- JURISDICTION 3
- CHOICE OF LAW 7
- CHOICE OF VENUE 12
- UCITA 16
- CONTRACT FORMATION 17
- WARRANTIES, DISCLAIMERS & REMEDIES 28
- E-MAIL ISSUES 35
- ADMISSIBILITY OF ELECTRONIC RECORDS 36
- ELECTRONIC COMMERCE STATUTES PERTAINING TO STATE OF TEXAS PURCHASES 38
Abstract
This is the first time that this topic is presented at this conference, but it is not likely to be the last. The subtopics that are surveyed will only become more important as our clients' businesses become more electronically integrated. The term "Electronic Project" refers to your clients' use of electronic communication and information technology. Whether your clients are rushing toward information technology or being dragged kicking and screaming, the legal issues surveyed below are pertinent to their business.
The term "survey" is used deliberately. The law, as it is adapted to and developed to address electronic communication and information technology issues, is too diverse to be exhaustively covered in this paper. Some issues, such as cybersecurity and intellectual property routinely command multiday CLE coverage, are not covered here.
This paper intends to introduce you to the legal issues most likely to be raised by your clients' use of software (e.g. estimating or project management software); internet service providers; application service providers; online bidding procedures; e-commerce purchases of materials, equipment or labor, etc.
Specifically, the paper addresses these subtopics:
- Personal Jurisdiction
- Choice of Law Clauses
- Choice of Venue Clauses
- Warranties, Disclaimers & Remedies
- UCITA
- Contract Formation
- Admissibility of Electronic Records
- E-mail Issues
- Electronic Commerce Statutes Pertaining To State Purchases
While scholarly articles are cited herein, this paper is not intended to be an academic or scholarly treatise. The paper is intended to be useful to construction lawyers whose clients will be increasingly needing help on these issues. The format is as follows. For each subtopic, the paper identifies the issues and discusses the relevant statutes and case law. For some subtopics, practice tips are also offered. Finally, a glossary of terms used herein, and which you may encounter, is included, as well as issues to be addressed by an e-mail policy.
You will notice that much of the law originates from outside Texas and the Fifth Circuit. While that law is not "controlling," it is important to know. Research reveals that, because this area of law is in its infancy, courts routinely review and rely on prior legal analysis regardless of the state or circuit of origin.
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