February 20 & 21, 1997
Austin, Texas
RECENT CASES OF SIGNIFICANCE TO THE CONSTRUCTION INDUSTRY
Honorable John Cornyn, Austin
TERMINATION OF CONTRACTS AND SUBCONTRACTS
Rights and liabilities associated with the termination of construction
contracts including converting terminations from cause to terminations
for convenience.
Joe F. Canterbury, Jr., Dallas
Robert L. Meyers, III, Dallas
UCC ISSUES IN CONSTRUCTION
Duty of Good Faith as between merchants – 2.103(2), 104; Statute of
Frauds; Consequential Damages Liability; Warranties – Express and
Implied.
Raymond T. Nimmer, Houston
EXTRA-CONTRACTUAL CLAIMS AGAINST SURETIES
Recent cases and legislative proposals relating to bad faith and other
extra-contractual claims against sureties, including claims brought by
principals.
Robert C. Bass, Jr., Austin
RESIDENTAIL CONSTRUCTION CONTRACTS
Issues arising in representing in-laws and other important people,
including how to secure a lien on homestead, coordination with the
residential lender, allowances, retainage, delays, completion vs.
substantial completion, warranty language, and the proposed property
code amendments which will change everything you thought you knew.
Douglas W. Becker, San Antonio
SOVEREIGN IMMUNITY
The law of Sovereign Immunity as it applies to contract causes of
action against the State of Texas and it's agencies, in light of (or
in anticipation of) the Texas Supreme Court decision in Federal Sign,
Inc. v. Texas Southern University and the actions or inactions of the
1997 legislative session.
George C. Baldwin, Austin
DESIGN BUILD—PUBLIC PROCUREMENT ISSUES
The Texas Legislature has authorized the limited use of the
Design/build method of construction. This presentation will address
the general prohibitions against the use of design/build, the limited
exceptions to those prohibitions and the relevant procurement statues
applicable to both.
Terry L. Salazar, Dallas
INSURANCE COVERAGE FOR CONSTRUCTION LIABILITIES
Insurance coverage issues affecting the construction industry, with
emphasis on commercial general liability policies.
Pamela D. Nielson, Austin
DISCOVERY IN CONSTRUCTION CASES
How to find out what happened during construction and what can happen
during trial. Recommendations for discovery used for construction
trials and arbitrations and related ethical considerations.
Stephen D. Harrison, Fort Worth
RACIAL, ETHNIC AND GENDER PREFERENCES IN PUBLIC CONTRACTING
A review of current Texas programs and the status of constitutional
attacks on them.
William R. Allensworth, Austin
A MESSAGE FOR CONSTRUCTION LAWYERS FROM THE INDUSTRY
A panel of leading construction industry executives will share their
perspective on the industry's expectations and needs for effective
legal guidance and professionalism.
Moderator: William B. Short, Jr., Dallas Robert B. (Bob) Duggan,
Houston George Friddle, Houston Keith Manning, San Antonio
JURY INSTRUCTIONS—WILL THE JURY UNDERSTAND THE ISSUES?
Some practical pointers in drafting jury instructions and questions
including examples of questions actually submitted to juries.
Richard E. Schellhammer, Dallas
STATE ADMINISTRATIVE CLAIMS PROCEDURES
Claims procedures of various state agencies, including Texas
Department of Transportation, the University of Texas System and Texas
Parks and Wildlife; how to preserve claims and suggested presentations
techniques and strategies during hearings.
Allison J. Snyder, Houston
INSURANCE CLAIMS ISSUES
An identification of problems and discussion suggestions to aid
counsel for the contractor in dealing with the insurance company and
protecting the contractor after suit is filed against the contractor
by a third party.
E. Link Beck, El Paso
PREPARING TO MEDIATE A CONSTRUCTION DISPUTE
Mediation can either be an utter waste of time or an opportunity for
the parties to realistically evaluate their positions. Careful
presentation of the facts is the key to success.
Francis S. Ainsa, Jr., El Paso
CONSTRUCTION CONTRACT SURVIVAL IN NEW MEXICO
The principal requirements for doing business in New Mexico as a
construction company and the disastrous effects of failing to do so.
Carl A. Calvert, Albuquerque, NM
Craig Othmer, Santa Fe, NM
A CONSTRUCTION LAWYER'S GUIDE TO ONLINE LAW IN THE 90S
What is the internet; How to Use it to Improve Your Practice; Ethical
considerations relating to the Internet.
Russel P. Wilson, Dallas
THE "CONTORTED CONTRACT"
The continuing presence of tort claims in simple breach of contract
cases and the use of the Texas "Economic Loss" rule to distort the
contort, along with a general discussion of recoverable types of
damages in a construction case.
Gregory M. Cokinos, Houston
ETHICS—DUAL REPRESENTATION AND CONFLICTS
The ethical dilemas and challenges encountered when one chooses to
represent both the principal and it's surety.
Martha Crandall Coleman, Dallas
DESIGN—BUILD AGREEMENTS
Current national design-build agreements, their problems and
shortfalls. Problems with public design-build bidding in Texas.
Sample supplements are included.
David D. Peden, Jr., Houston
ROLLING THE DICE WITHOUT BETTING ALL THE CHIPS
Proposal qualifications to protect the Contractor against catastrophic
liability, including general limitations of liability, warranty, and
indemnity for environmental exposures.
Richard L. Reed, San Antonio
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