February 14 & 15, 2002
San Antonio, Texas

CONSTRUCTION LAW UPDATE – Recent case law and other developments impacting the construction industry.
     William R. Allensworth, Austin

CONSTRUCTION INSURANCE MARKET REVIEW AND FORECAST – WHAT ARE YOUR OPTIONS? – Recent underwriting results continue to have significant impact on the availability and pricing of coverages and new products. In order to bring innovative project solutions (delay, project professional, environmental, subcontractor default, etc.) to the table, it will be critical to know how to position your risk to take advantage of these solutions.
     Fred Muse, Atlanta, Georgia

HOW OWNERS AND CONTRACTORS DO BATTLE OVER KEY CONTRACT ISSUES – Key contract document provisions from the perspective of the Owner and the Contractor, and a mock negotiation concerning inclusion of these provisions.
     Joseph F. Canterbury, Jr., Dallas
     Robert L. Meyers, III, Dallas

REPRESENTING YOUR CLIENT ACROSS STATE LINES: MULTI-JURISDICTIONAL PRACTICE – If you have advised a client about the purchase of a vacation home outside of your home state, traveled to another state to negotiate a contract for a major project, represented your home state client in an arbitration in California, you may have engaged in the unauthorized practice of law. Explore the current debate on multijurisdictional practice, identify best practices, and report on current recommendations before the ABA to modify the existing rules.
     Cheryl Niro, Chicago, Illinois

WHAT TO DO WHEN A PARTY ON A CONSTRUCTION PROJECT GOES BANKRUPT – Numerous issues confront owners, contractors, subcontractors and suppliers when a participant in a construction project files bankruptcy. This presentation will explore these issues, protection for your client and provide helpful forms.
     Craig E. Power, Houston

MANAGING A CATASTROPHIC ACCIDENT – Legal and practical management of the catastrophic accident, including: preserving evidence, protecting defenses, and maintaining privileges.
     Lamont A. Jefferson, San Antonio

RESOLVING DISPUTES WITH STATE AGENCIES – A review of Government Code §2260, which governs the resolution of contract disputes with state agencies. Your clients cannot sue these agencies. Learn the steps by which the Texas Legislature and the State Office of Administrative Hearings provide the mandated remedies.
     Honorable Howard S. Seitzman, Austin
     George C. Baldwin, Austin

RESIDENTIAL LITIGATION STRATEGIES – Residential litigation cases are always difficult, emotionally charged and expert intensive. Learn about the evolving case law as well as strategies from both the plaintiffs’ and defendants’ perspectives.
     Mark S. McQuality, Dallas
     Richard E. Schellhammer, Dallas

THE JURY CHARGE IN A CONSTRUCTION CASE – A survey of the most common construction cases tried to a jury and sample jury charges.
     George E. Bowles, Dallas

INSURANCE AND CONSTRUCTION ISSUES RELATED TO WATER DAMAGE AND MOLD – Insurance company liability for coverage and bad faith in cases involving mold and mold exposure, including medical aspects of personal injury related to mold litigation.
     William Fred Hagans, Houston
     Dr. Raymund C. King, Dallas
     Patrick J. Wielinski, Fort Worth

TEXAS MECHANICS LIEN LAW – BEYOND THE BASICS – Tr i ck s, traps and cautionary tales as amplified by recent cases. Houston’s 14 th Court of Appeals explains “two methods to perfect a lien” with a surprise twist, and how a rubber check can buy an effective release of lien. Plus much more from the exciting world of mechanics lien law.
     Steven E. Kennedy, Dallas

A ROADMAP TO SUCCESSFULLY LITIGATING A DELAY CLAIM – A review of state, federal and BCA law, the most widely accepted methodoligies used to prove a claim and some potholes and pitfalls you will experience along the way.
     David D. Peden, Jr., Houston
     Allison J. Snyder, Houston
     William W. Sommers, San Antonio
     Kevin M. Warburton, San Antonio

PITFALLS IN CONSTRUCTION FINANCING DOCUMENTS: CONSENTS, ASSIGNMENTS, CERTIFICATIONS, SUBORDINATIONS– How to identify and respond to problematic clauses in documents design professionals and contractors are often asked to sign by the construction lender.
     Jeff Ford, Dallas

MEDIATION OF CONSTRUCTION CASES – WHAT WORKS AND WHAT DOESN’T – The mediation day is now often the client’s “day in court.” How does an attorney in a construction case maximize the client’s opportunity to resolve the issues? Experienced construction mediators discuss what attorneys should and should not do.
     Moderator: Richard P. Flake, Houston
     Susan G. Perin, Houston
     Donald O. Pratt, Arlington

DESIGN SPECS vs. PERFORMANCE SPECS: WHAT’S THE DIFFERENCE? – Practical comparison of design, performance, and hybrid specifications and the legal ramifications of each.
     Patrick Gaas, Houston

ETHICAL ISSUES IN REPRESENTING MULTIPLE PARTIES IN CONSTRUCTION CASES –
     James R. Old, Jr., Beaumont

THE ELECTRONIC PROJECT – Legal issues and case law arising from the electronic project, such as enforceability of electronic signatures, ownership of project data, “click wrap” disclaimers and more.
     Denise L. Nestel, Houston