The State Bar of Texas Construction Law Section
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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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