The State Bar of Texas Construction Law Section
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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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