The State Bar of Texas Construction Law Section
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February 25 & 26, 1999
Dallas, Texas

CASE LAW UPDATE—A review of recent case law having an impact on the construction industry.
Joe F. Canterbury, Jr., Dallas

THE U.S. DEPARTMENT OF LABOR—The DOL has turned its attention from the garment manufacturers to the construction industry. Are your clients prepared for a DOL audit?
Pene S. Ferguson, Houston

HOW TO KNOW WHEN AN OSHA CITATION IS A "BIG DEAL"
Charles High, El Paso

LIEN LAW/ TRUST FUNDS—The Legislature has come up with a new procedure to remove the clearly invalid lien. This presentation will address the procedure and pleadings. The Trust Fund Statute requires a new bank account — What does the contractor do?
Thomas R. Barber, Houston

RESIDENTIAL CONSTRUCTION CONTRACTS—An overview and discussion of key issues to owners and contractors with proposed compromises and forms.
Bruce W. Merwin, Houston

DAMAGES—

DELAY DAMAGES: Can I Get Them? If So, What Can I Get and How Do I Prove Them?
Donald O. Pratt, Arlington

Wesly C. Maness

Liquidated Damages: Who do they benefit, how are they calculated why are they used? The seven fallacies of liquidated damages wilt answer these questions, and more.
George C. Baldwin, Austin

Consequential, No Damages for Delay, Liquidated Damages and Similar Damage Claims and Application of the Economic Loss Rule
Gregory M. Cokinos, Houston

EXPERTS AND ETHICS—Practical and ethical issues to be considered when selecting, retaining, and communicating with testifying and consulting experts in construction litigation.
John W. Nassen, Dallas

STATUTE OF REPOSE—A discussion of recent case law concerning the Statute of Repose and practical suggestions on making the Statute of Repose work for you.
David Walsh, Corpus Christi

DEALING WITH SURETIES—WHY DON'T THEY DO WHAT YOU WANT THEM TO DO?—Practical aspects of dealing with contract sureties, their consultants, and counsel, with an emphasis on improving your opportunities for a fair result in a performance bond claim situation.
Steven D. Nelson, Austin

ADR CASE LAW UPDATE—The increase in the use of ADR has resulted in the production of case law which governs practice and determines legal parameters of these alternative processes. This presentation will discuss the most recent ADR case law, including an examination of the establishment of trends set by both courts and legislatures.
Kimberlee K. Kovach, Austin

TEXAS UNIFORM GENERAL CONDITIONS UPDATE—New directions in the 1999 revision of the Uniform General Conditions used in State construction contracts.
Julia Lacy Armstrong, Austin

LEGISLATIVE UPDATE—Review of proposed legislation and issues affecting the construction industry.
Robert C. Bass, Jr., Austin

CONSTRUCTION INSURANCE ISSUES

Liability Coverage for Breach of Contract—Insurance claims, particularly those involving defective work, are complicated because the insured's liability may arise from contract. Coverage often hinges on characterization of the claim as contract, tort, both or neither.
Patrick J. Wielinski, Dallas

Builders RiskA catastrophe occurs on a construction project. A time extension from the owner relieves the contractor of delay and liquidated damages. Who is going to pay for everything else?
W. Kyle Gooch, Dallas

Impaired Property and Pollution Exclusions—The application of the CGL policy's "impaired property" exclusion and so-called "absolute" pollution exclusion in the context of construction related clients.
Mark Lawless, Austin

The Ethical Side of Responding to Claims and Litigation—The duties between insurance carriers, defense counsel and contractors/insureds. Is the "undivided loyalty" of your defense counsel really what you are getting with your policy premiums?
James R. "Jay" Old, Jr., Beaumont

BANKRUPTCY—Stay Order
Brent N. Whiteley, Houston

ENVIRONMENTAL UPDATE: NOT-SO-MUDDY WATERS—New developments in environmental laws, including compliance strategies relating to storm water discharge controls other surface and groundwater quality controls, water supply, and waste management.
Janet L. McQuaid, Austin

NEW TEXAS RULES OF DISCOVERY—If you think discovery is the worst part of construction dispute resolution, stay tuned to see if your life can be improved and enriched.
Robert L. Meyers, III, & Jeffrey J. Joyce, Dallas

ETHICS AND THE STATE BAR GRIEVANCE PROCEDURES: THE PRACTITIONER'S PERSPECTIVE
Robert C. Hinton, Jr., Dallas

ANTITRUST—A review of bid rigging and other antitrust developments that affect the construction industry.
Robert W. Wachsmuth, San Antonio

TRIAL NOTEBOOK—A practical guideline to the uses and benefits of a trial notebook as an organizational tool during discovery and trial with particular emphasis upon construction litigation.
E. Link Beck, El Paso

ALTERNATIVE PROJECT DELIVERY METHODS FOR PUBLIC SCHOOLS AND HIGHER EDUCATION—Real world experience during the first year of S.B. 583 (75th Leg.) with Design-Build, Construction Management, and use of competitive sealed proposals, and proposals under consideration in the 76th Legislature to modify S.B. 583.
Randall R. Reaves, Austin





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