March 6 & 7, 2003
Dallas, Texas

CONSTRUCTION LAW UPDATE – Recent case law and other developments impacting the construction industry.
     Joseph F. Canterbury, Jr., Dallas

THIS LETTER SHALL SERVE AS FORMAL NOTICE OF CONTRACT TERMINATION” - THE RIGHTS AND OBLIGATIONS OF SURETIES AND OBLIGEES IN ADDRESSING TERMINATION OF THE BONDED CONTRACT – Contract termination is the ultimate sanction for failed performance. It can also be the first step down a treacherous path of competing allegations, claims and litigation. Add a surety’s performance bond to the equation and the practical and procedural issues to be considered become magnified. A misstep in the termination process may invoke contract damages for wrongful termination or render the surety’s performance bond void. This presentation will address conditions precedent to effective contract termination and the prerequisites to triggering rights under the performance bond thereafter. Practical considerations in furthering the respective, and oftentimes parallel, interests of obligees and sureties in the post-termination context will be explored.
     John W. Nassen, Dallas

SCHEDULING FOR LAWYERS – CPM scheduling is a major factor in evaluating most complex construction litigation cases. Understanding the fundamentals of CPM analysis will help you evaluate your expert as well as depose your opposing expert. Explore topics from how CPM is used in litigation all the way to Daubert challenges.
     Robert B. McCullough, Addison

BANKRUPTCY IN CONSTRUCTION: WHAT YOUR CLIENT CAN DO, CAN’T DO, AND SHOULD DO – As bankruptcy filings increase, understanding their impact on construction is critical. When one is filed – by an owner, general contractor, or subcontractor – what are your options?”
     Honorable Ronald B. King, San Antonio
     Kevin M. Warburton, San Antonio

ETHICAL CONSIDERATIONS IN MEDIATION OF CONSTRUCTION CASES – A discussion of issues and ideas that you and your clients should think about in your mediation presentations and negotiating strategies.
     Speaker: Courtenay L. Bass, Dallas

TEMPORARY EMPLOYEES AND THE EXCLUSIVE REMEDY RULE OF THE WORKER’S COMPENSATION ACT – How a contractor that employs temporary workers provided by an employment agency can contract to protect against common law liability claims.
     David L. LeBas, Amarillo

HOW & HOW NOT TO TERMINATE A CONTRACTOR – Making the wrong decision can prove disastrous. Pitfalls to avoid and practical tips when circumstances create the classic slowdown on the job site: termination.
     Gregory M. Cokinos, Houston

RIGHT TO CONTROL: WHEN IS A CONTRACTOR LIABLE FOR INJURY TO A SUBCONTRACTOR’S EMPLOYEE? – A contractor’s liability for injury to a subcontractor’s employee hinges on the degree of control the contractor exercises over the manner in which the subcontractor performs its work. Learn about the analytical standards for determining such liability, in light of recent case law.
     Cindy L. Becker, Austin

BUILDER’S RISK: THE DEVIL IS IN THE EXCLUSIONS – A review of the requirements for builder’s risk insurance in construction contracts with emphasis on the exclusions typically at issue in coverage disputes.
     W. Kyle Gooch, Dallas

SURVEY OF IMPLIED WARRANTIES IN TEXAS CONSTRUCTION –
     David D. Peden, Jr., Houston

OCIP/CCIP – An overview of the pros and cons of the use and implementation of OCIPs and CCIPs.
     Lee Shidlofsky, Austin

ETHICAL ISSUES IN DUAL REPRESENTATION – What is a lawyer to do when asked to represent two or more parties in the same dispute?
     Martha Crandall Coleman, Dallas

INSURANCE FOR DEFECTIVE WORKMANSHIP – A survey of the current issues relating to those claims that insurance companies hate to pay – defective work claims.
     Patrick J. Wielinski, Arlington

ETHICS – So the insurance company wants to deny coverage but have their lawyer control the claim. How to write and respond to the reservation of rights letter.
     Lewin Plunkett, San Antonio

SOAH’S PROCEDURE RULES – Avoiding Traps for the Unwary New Practitioner at the State Office of Administrative Hearings
     Matthew C. Ryan, Austin

WHEN A LIEN WON’T WORK – Occasionally, we confront situations in which a traditional lien is unavailable or simply will not work. What legal alternatives are available that will “secure” your unpaid contractor or supplier client?
     William K. Andrews, Houston

COMMON MISTAKES IN PUBLIC PROCUREMENT – An overview of common pitfalls in procurement from a public owner’s perspective, including statutory requirements that are unique to public projects and related issues.
     Scott N. Houston, Austin

ELECTRONIC DISCOVERY STRATEGIES – All relevant documents include electronic mail, files and data. From preservation to production, explore strategies for discovery in the digital age.
     David G. Lane, Vienna, Virginia

ENVIRONMENTAL LAW UPDATE – Recent changes in storm water permitting and legislation affecting air quality will impact environmental requirements for construction projects throughout the state. This presentation will provide a timely update on current environmental issues.
     Erich M. Birch, Austin

UPDATE ON RESIDENTIAL CONSTRUCTION ISSUES – A discussion of issues that control residential construction disputes, including the RCLA, the DTPA, and recent cases. Does the RCLA work for the Contractor? The homeowner?
     David M. Kleiman, Dallas

TROUBLESOME CLAUSES IN CONSTRUCTION CONTRACTS – Talk about saving the most interesting topic for the last presentation. A discussion of the business and legal issues surrounding “risky” contract provisions and practical tips on how to deal with them.
     Matthew J. Sullivan, Austin