February 19 & 20, 1998
San Antonio, Texas
RECENT CASE UPDATE TO CONSTRUCTION LAW
Texas and National cases having an impact on the construction industry.
Joe F. Canterbury, Jr., Dallas
USE OF MEDIATION AND ARBITRATION IN CONSTRUCTION LAW DISPUTES
This brief overview of two Alternative Dispute Resolution (ADR)
techniques will focus on situations in which each can be a vital and
important part of the construction lawyer's arsenal.
Jay J. Madrid, Dallas
MECHANIC'S LIEN LAW UPDATE
The 1997 Legislative Session brought significant changes to the
mechanic's lien law. The presentation will include lien law changes
as well as changes concerning residential construction contracting
requirements.
Robert C. Bass, Jr., Austin
Steven E. Kennedy, Dallas
PROCUREMENT OF EDUCATIONAL FACILITIES
The Texas Legislature has authorized a host of alternative project
delivery methods, including design-build and construction management
for public schools and colleges. This presentation will address these
delivery methods and the rules of their use.
Steven D. Nelson, Austin
LABOR AND EMPLOYMENT ISSUES WHICH AFFECT THE CONSTRUCTION INDUSTRY
Non-compete and non-solicitation agreements, their validity and
enforceability; the proprietary and confidential nature of data used
for bidding on future projects and other information and/or tools
which are considered proprietary.
Mario A. Barrera, San Antonio
LIABILITY FOR INDOOR AIR QUALITY DAMAGES CAUSED BY SICK BUILDING
Legal theories and engineering principals associated with proving
liability for "sick building" claims brought against owners,
architects, engineers and contractors.
Thomas F. Gardner, Metairie, Louisiana
THE EXTRA-HAZARDOUS EMPLOYER PROGRAM: AFTER THE BEN ROBINSON DECISION, WILL THE PROGRAM SURVIVE?
A review of the program's past focus and prognosis for the future
rulemaking efforts.
Jane A. Matheson, Austin
TRIAL OF FRAUD ISSUES IN CONSTRUCTION CASES
The range of construction fact situations that have resulted in fraud
allegations; trial of fraud issues; legal standards and defenses;
protecting clients from exposure to this risk.
William M. Coats, Houston
ETHICS AND SELECTION AND CONTROL OF DEFENSE COUNSEL PAID FOR BY THE INSURANCE CARRIER
Who is the client of the insurance defense lawyer? Where are the
lawyer's duties of loyalty, confidentiality, and zealous and advocacy
directed? Can the lawyer represent both insurance company and
contractor?
Lewin Plunkett, San Antonio
THE INSURED'S (CLIENT'S) RESPONSE TO THE CARRIER'S RESERVATION OF RIGHTS LETTER
Can the contractor or owner insured insist on a lawyer whose sole
loyalty is to him? Can you reject the reservation of rights and/or
reject the selection of counsel by the carrier?
W. Kyle Gooch, Dallas
CONSTRUCTION CRIMES OR HOW NOT TO PAVE THE WAY TO THE JAIL OF YOUR DREAMS
The criminal laws applicable to the industry and the ethical advice
you should give your clients.
Robert N. Udashen, Dallas
RCLA
Overview of RCLA and recent cases and the impact on residential
construction defect claims.
Chris E. Ryman, Houston
AIA/AGC DOCUMENTS: THEY AREN'T WHAT THEY USED TO BE
1997 was a year of dramatic change in contracts and documents issued
by AIA & AGC. A201 and it's family of documents were radically
rewritten. AGC published AGC 200, the first contract agreement with
related general conditions jointly written by owners and contractors.
J. William Ernstrom, Rochester, New York
MEN IN BLACK
What to do, what to say and what to show when the OSHA shows up on your site.
Katrina Grider, Houston
MEN IN BLACK
EPA's enforcement initiative for storm water discharges from
construction activities and what to do before, during, and after
inspection by the EPA. Other recent developments in environmental
regulations will also be summarized.
Janet L. McQuaid, Austin
DAMAGES - OR SHOW ME THE MONEY
Entitlements are essential, but damages are where it's at. What kind
of damages are available for breach of construction contracts, including
all of the variations, defective work, late performance, interruption,
interference, delay disruption, etc. etc. and how do you prove them?
Robert L. Meyers, III, Dallas
INTERRELATED RISK TRANSFER DEVICES: INDEMNITY AND ADDITIONAL INSURED PROTECTION
A methodology for analyzing the enforceability of indemnity clauses
under Texas law and avoiding unintended limits on additional insured
status, and other contractual risk transfer devices in the
construction industry.
Patrick J. Wielinski, Dallas
Marc A. Young, Houston
ETHICS OF PRESERVING CLIENT PRIVILEGES IN THE COURSE OF INVESTIGATING AND REMEDIAL MEASURES
Is immediate post-accident investigation advisable, discoverable, and
"always" in anticipation of litigation? Do remedial measures damage
this suit or prevent the next?
James F. Mc Kibben, Jr., Corpus Christi
CONTRACTOR DISQUALIFICATION
Rules and procedures regarding the disqualification of contractors for
public wprk projects.
Thomas E. Hill, Dallas
JURY INSTRUCTIONS—USING PATTERN JURY CHARGES
The evolution of jury issues in Texas and how to use Pattern jury
Charges in Construction cases.
Mike M. Tabor, Dallas
MANAGING YOUR DRUG AND ALCOHOL
PROGRAM—FORMS AND ISSUES
A review of drug and alcohol testing requirements and the possible
legal claims which can arise from a failure to follow prudent
practices. Consent forms as well as guidelines for managers and
supervisors will be included.
Kris J. Bird, San Antonio
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