March 8 & 9, 2001
Austin, Texas

RECENT CONSTRUCTION LAW DEVELOPMENT—Recent case law and other developments.
     Joe F. Canterbury, Jr., Dallas

CHOICE OF BUSINESS ENTITY – PROS AND CONS— Corporation,partnership, joint venture, registered limited liability partnership, limited partnership, limited liability company – Pros and cons from liability to management to tax issues affecting choice of business entity.
     R. Brent Clifton, Dallas

RESIDENTIAL HOMEBUILDERS AND OWNERS OBLIGATIONS
Residential construction/owner and contractor obligations under the Texas Property Code and other major issues.
     Bruce W. Merwin, Houston

MANAGING CONSULTANTS: FORENSIC INVESTIGATIONS –
Contacting and retaining expert witnesses, making the consulting/ testifying determination, protecting work product, Daubert issues, and compensation concerns.
     John W. Nassen, Dallas
     Erik L. Nelson, Dallas

COMPELLING AND RESISTING ARBITRATION – The legal precedent and strategies regarding enforcing and resisting arbitration clauses in construction contracts; The differences between arbitration and litigation, along with the advantages and disadvantages of each.
     David D. Peden, Jr., Houston

ETHICS FOR THE TRANSACTION LAWYER – An arms length transaction is not altogether a cooperative process or an adversary process, so attendant ethics rules are blurred.
     Walter W. Steele, Jr., Dallas

WHO REALLY OWNS THE DESIGN AND HOW CAN YOU PROTECT YOUR RIGHTS? — Intellectual property is playing a greater role in the construction industry than ever before. Since the passage of the Architectural Works Copyright Protection Act of 1990, the design of buildings has been expressly protected. This protection raises significant issues – Who owns the design? Who owns the project documents? Who owns the information on a project web site?
     Raleigh W. Newsam, II, Dallas

CONTRACT DRAFTING TIPS – “Must have” provisions for your design and construction contracts including new ideas from the Association of Owners & Developers.
     Robert L. Meyers, III, Dallas

BOND FORMS – Use the right performance, payment, and subcontract bond forms to protect your interests and coordinate obligations and remedies under the contracts which they secure.
     Steven D. Nelson, Austin

LEGISLATIVE UPDATE – Pending and anticipated legislation before the Texas legislature effecting the construction industry.
     Robert C. Bass, Jr. Austin

CRIMINAL LAW – A primer on state and federal criminal statutes as they relate to construction law; or How to keep your client from an extended stay in the “Do-Right Hotel”.
     George E. Bowles, Dallas

MULTI-EMPLOYER WORKSITE – Learn how a general contractor can walk the “control” line that complies with OSHA and minimize liability for bodily injury to subcontractor’s employees.
     Timothy A. Watt, San Antonio
     Jane A. Matheson, Austin

SUBCONTRACTOR DEFAULT INSURANCE – Many general contractors have turned to contract default insurance policies in lieu of surety bonds to protect against subcontract defaults. How default insurance compares to traditional surety bonds.
     Jeff Ford, Dallas

CM AT RISK – WHAT’S IN A NAME? – Contract forms, procedures and issues involved in this popular method of project delivery.
     Richard P. Flake, Houston

CRISIS MANAGEMENT—YOUR COMPANY’S FUTURE IS AT STAKE Getting ready for the crisis before it hits; dealing with media; building a crisis management team; quick response; horror stories, winners and losers.
     Jim Dublin, San Antonio
     J. Tullos Wells, San Antonio

ADMISSIBILITY OF OSHA/ MSHA CITATIONS – The admissibility of OSHA and MSHA regulations, reports of investigations and citations under the Federal and Texas Rules of Evidence.
     Mark R. Stein, San Antonio

AIA DOCUMENTS – Key Provisions and Updates – Pitfalls in the use of standard AIA documents on building construction from the point of view of the owner and the point of view of the builder.
     William M. Coats, Houston

TRICKS AND TRAPS IN THE MECHANIC’S LIEN LAWS – Texas has the most complex lien laws in the nation. This presentation will examine some of the more confusing sections in the Property Code and offer strategies for dealing with them.
     Fred D. Wilshusen, Dallas