March 4 & 5, 2004
Houston, Texas
CONSTRUCTION LAW UPDATE -
Recent case law, legislation, and
other developments impacting the construction industry.
William R. Allensworth, Austin
Allensworth and Porter, L.L.P.
Joseph F. Canterbury, Jr., Dallas
Canterbury, Stuber, Elder, Gooch, & Surratt, P.C.
AIA CONTRACT AND BONDS CLAUSES THAT DO NOT COMPORT WITH TEXAS LAW -
A survey of conflicts with suggestions on redrafting
to make them enforceable.
Matthew C. Ryan, Austin
Allensworth And Porter, L.L.P.
Ryan M. Nord, Austin
Allensworth And Porter, L.L.P.
Ryan W. Appleton
University Of Texas School Of Law
THE NEW TEXAS
OFFER OF SETTLEMENT PRACTICE -
Discussion of the legislative changes to rules erected as part of HB4
and how they can affect your practice.
Professor Elaine A. Carlson, Houston
South Texas College of Law
IMPACT OF HB4 ON THE CONSTRUCTION INDUSTRY - POST
JUDGEMENT SUPERSEDEAS ISSUE-
What happens when you win
or lose a case now that HB4 is in effect? The changes in post-judgment
interest and the supersedeas bond requirement make it easier for a
losing party to appeal.
Lee Parsley, Austin
E. Lee Parsley, P.C.
ARCHITECT CERTIFICATE OF MERIT -
New limitations and
preconditions in negligence actions against design professionals.
Michael F. Albers, Dallas
Jenkens & Gilchrist, P.C.
ETHICS - WHEN IS ENOUGH ENOUGH -
The conflicting obligations
of the lawyer to help the client to prevail and at the same time to help the
client control the cost of dispute resolution and suggestions for when,
where and how to obtain this utopian equilibrium.
Robert L. Meyers, III, Dallas
George E. Bowles, Dallas
Jeffrey A. Ford, Dallas
Richard Gary Thomas, Dallas
APPEALING CONSTRUCTION CASES -
The trial took two weeks, but
the appellate court gives you only twenty minutes to explain why the
judgment should be affirmed or reversed. Learn effective appellate
advocacy practice points from a Supreme Court Justice.
Honorable Wallace Jefferson, Austin
Supreme Court of Texas
POST WARRANTY OBLIGATIONS FOR LATENT DEFECTS -
Liability
beyond the contract’s corrective period, contracting to limit it, and the
impact of limitations laws on the contract.
Lewin Plunkett, San Antonio
Plunkett & Gibson, Inc.
BANKRUPTCY PREFERENCES AND THE TEXAS CONSTRUCTION TRUST FUND ACT -
What rights does a beneficiary have when faced
with a preference action by a Trustee to recover payments made during
the 90 day preference period? The interaction of the two laws will be
examined.
Fred D. Wilshusen, Dallas
Thomas, Feldman & Wilshusen, LLP
IS TEXAS AN EICHLEAY STATE? -
Texas cases involving an “extended
home office overhead” delay claim and recent Federal Circuit decisions
addressing prerequisites for the use of “Eichleay” formula.
Thomas E. Hill, Dallas
Haynes and Boone, LLP
ETHICS - THE RELATIONSHIP BETWEEN THE PRACTICES OF
LAW AND ARCHITECTURE ON A CONSTRUCTION PROJECT -
When do the two professions converge and what are the ethical
considerations for each?
Hollye C. Fisk, Dallas
Fisk & Fielder, P.C.
R. Craig Williams, Dallas
HKS Architects, Inc.
LICENSING REQUIREMENTS IN CONSTRUCTION -
Overview of
state licensing requirements for general contractors, builders and
specialty contractors, including requirements added in the 2003
Legislative Session for residential construction and electrical
contracting.
Robert C. Bass, Jr., Austin
Winstead Sechrest & Minick P.C.
UPDATE ON RCLA AND HOMEBUILDER WARRANTIES -
Is it really
the “end of the world as we know it” for homeowners with construction
defect claims and their counsel? Yes! What’s next?
Mark S. McQuality, Dallas
Bragg Chumlea McQuality
IF IT’S BROKEN, FIX IT -
THE TEXAS RESIDENTIAL
CONSTRUCTION COMMISSION
J. Paulo Flores, Dallas
Scheef Stone LLP
DESIGN/BUILD -
How an architect/engineer and contractor can
successfully collaborate to win and perform design/build projects.
Colleen Mullen Goff, San Antonio
Timothy A. Watt, San Antonio
Zachry Construction Corporation
HOT ENVIRONMENTAL ISSUES -
Major air, water and waste
regulatory initiatives affecting the construction industry; Ozone nonattainment
issues; Avoiding non-compliance; Issues on the horizon.
Pamela M. Giblin, Austin
Matthew G. Paulson, Austin
Baker Botts L.L.P.
Politics, Ethics, and Alternative Procurement of
Construction in Texas. Where is the Line? -
The legal and
ethical parameters of procurement and business development
have become more complicated. Explore how to avoid the
embarrassing pitfalls and simple institutional controls.
Rodney L. Moss, Dallas
Centex Construction Company, Inc.
LOSS OF EFFICIENCY DAMAGES -
What they are, how they differ
from delay damages, the typical causes of loss of efficiency damages,
and how to prove damages and typical impediments.
E. Link Beck, El Paso
Beck & Given, P.C.
METHODS OF PROVING DAMAGES AND WORKING WITH ACCOUNTANTS -
All construction claims come down to the same
thing - damages. A lawyer and CPA team up to present practical
approaches to proving damages and using accountants effectively.
Kevin M. Warburton, San Antonio
The Gardner Law Firm, P.C.
Dan H. Hanke, San Antonio
The Hanke Group
THE ECONOMIC LOSS DOCTRINE IN TEXAS -
The development of
this Doctrine as applied in Texas and its impact on construction cases
involving contractors and design professionals.
Daniel K. Craddock, Austin
Rebekah Maley, Austin
Stumpf Craddock Massey & Pullman
COMMON MISTAKES MADE BY CONSTRUCTION CLIENTS -
A LABOR & EMPLOYMENT ATTORNEY’S PERSPECTIVE -
Substantive legal issues ranging from sexual harassment, OSHA
compliance on multi-employer sites, wage-hour compliance, and
prevailing wage compliance.
Robert D. Kilgore, San Antonio
Cox & Smith Incorporated
FACTORING CONSTRUCTION RECEIVABLES -
If a client does not
understand the ramifications of receiving a notice that its subcontractor’s
receivables have been factored, it could end up paying twice for the
same work. The protections afforded by the Property Code and the
duties and obligations under the UCC are sometimes at odds with each
other. These issues will be discussed.
Eric M. Cohen, Houston
M. Gavin McGee, Houston
Andrews Myers Coulter & Cohen, P.C.
QUANTUM MERUIT -
The Quantum Meruit cause of action in Texas
construction cases - when and how to apply it and when not to.
William M. Coats, Houston
Michael L. Burnett, Houston
Coats, Rose, Yale, Ryman & Lee, P.C.
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