The State Bar of Texas Construction Law Section
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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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