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February 18 & 19, 1988
Dallas, Texas
STANDARD CLAUSES IN PRIVATE CONSTRUCTION CONTRACTS
Standard contract clauses; advantages and disadvantages of lump sum vis-a-vis guaranteed maximum price and bid vis-a-vis negotiated contracts; current approaches and alternatives to standard contract language.
Robert L. Meyers, III, Dallas
STANDARD CLAUSES IN PRIVATE CONSTRUCTION CONTRACTS
Standard clauses in federal and state construction contracts,
including: changes, default, differing site conditions, disputes,
inspection, suspension of work, termination for convenience, and
warranty.
Thomas E. Hill, Dallas
BONDS/INSURANCE
The use and impact of performance and payment bonds in the
construction industry together with a review of the principal
insurance coverages available to contractors and owners.
James A. Knox, Dallas
CONSTRUCTION FINANCING
A discussion of issues, from the perspectives of the lender, owner and
contractor, including lender/contractor agreements, lien priorities
and typical construction loan terms affecting construction contracts.
Jeffrey A. Ford, Dallas
LABOR LAW ISSUES IN THE CONSTRUCTION INDUSTRY
Developments under the National Labor Relations Act of particular
concern to construction industry employers, including prehire
agreements, common situs picketing, and pending legislation to
prohibit dual shops ("doublebreasting"); an overview of statutory and
common law requirements regarding employment discrimination, wrongful
discharge, and drug and alcohol testing.
Arlene F. Switzer, Dallas
MINORITY BUSINESS REQUIREMENTS
Recent case law and strategies for compliance.
Elaine E. Nelson, Dallas
QUIRKS IN TEXAS CONSTRUCTION LAW
An overview of construction and surety cases where Texas strays from
the majority rule, including cases discussing "pay when paid" clauses,
warranties with regard to adequacy of design, and burden of proof in
substantial completion collection cases.
Marc R. Stanley, Dallas
ETHICAL DILEMMAS IN CONSTRUCTION LAW PRACTICE
Consideration of the typical ethical dilemmas encountered by today's
construction law practitioner: struggle between representation of
insurers and the duty of good faith payment, possible conflicts of
interest when representing several tiers of members of the
construction industry including sureties, general contractors,
subcontractors, suppliers, and competing claimants on the construction
project.
Steven D. Nelson, Dallas
Richard G. Thomas, Dallas
DEFAULTS/TERMINATION
An examination of rights and remedies when defaults in performance
become the basis for termination of contract, including measure of
damages, effect of performance bond, substitution of contractor and
impact of bankrupcy.
Paul B. Underkofler, Dallas
BY OWNER
Theories of recovery, old and new, by the owner against other
participants in the design and construction process and the
appropriate measure and elements of damages.
John R. Henderson, Dallas
BY CONTRACTOR
Theories of recovery and measures of damages against the owner,
subcontractors, suppliers and design professionals.
Joseph F. Canterbury, Jr., Dallas
BY SUBCONTRACTOR
Theories of possible claims available to a subcontractor for
contractual amounts and sums greater than specific contractual
amounts, the chain of possible defendants and pre-law suit, securing
of claim for labor material through liens and bond claims.
C. Bennett, Jr., Dallas
THEORIES OF LIABILITY AGAINST DESIGN PROFESSIONALS
Recent substantive and procedural developments affecting the defense
of claims against architects and engineers.
William R. Allensworth, Dallas
ARBITRATION & ADR
Issues faced during arbitration/mediation including discovery,
consolidation and joinder, the application of rules of law and
enforceability of clauses and awards.
Robert C. Elder, Jr., Dallas
MECHANICS' LIENS & FORECLOSURES
Fundamentals of mechanics' lien laws, with a special emphasis on
issues of lien priority between mortgage lenders and mechanics' lien
claimants—including rights in removables, ascertaining inception of
the lien, remedies of the lien claimant after the lender's
foreclosure, claimant foreclosures, claimant strategies and lender
strategies.
Eldon L. Youngblood, Dallas
BANKRUPTCY CONSIDERATIONS
Bankruptcy issues arising in the construction industry, including the
automatic stay, preferences and fraudulent transfers, mechanics'
liens, foreclosures, and adversary proceedings by and against the
debtor.
H. DeWayne Hale, Dallas
HYPOTHETICAL MECHANICS' AND MATERIAL-MEN'S LIEN DISPUTE
A review of a hypothetical dispute involving the owner, original
contractors, subcontractors and materialmen.
Tom D. Mattews, Jr., Dallas
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