March 3 & 4, 2005
San Antonio, Texas

CONSTRUCTION LAW UPDATE -
Recent case law 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

OWNER CHANGES -
A discussion of owner "improvements" to standard contract provisions.
     Robert L. Meyers, III, Dallas
     Jones Day

CONTRACTOR CHANGES -
A discussion of contractor "improvements" to standard contract provisions.
     Curtis William Martin, Houston
     Construction Resolutions

THE NEW REALITY OF RISK: TECHNIQUES FOR MANAGING CHANGING MARKET CONDITIONS FOR MATERIALS -
Practical techniques for identifying, allocating and mitigating construction risks such as time and price-impacted construction materials through force majeure and other methods.
     Katherine S. Yates, San Antonio
     City Public Service

CONSTRUCTION WARRANTIES -
A comprehensive discussion of the scope, limitations, defenses, bars and remedies for express and implied warranties that may apply to commercial and residential projects.
     Chris E. Ryman, Houston
     Ian P. Faria, Houston
     Coats, Rose, Yale, Ryman & Lee, P.C.

TRYING THE HIGH PROFILE CONSTRUCTION DEFECT CASE -
Sandra Bullock's case against her homebuilder involved more than the usual construction defect claims. One of her attorneys discusses some of the unusual legal and factual issues, as well as other considerations involved in representing a high-profile client.
     Walter H. Mizell, Austin
     Brown McCarroll, L.L.P.

SUBCONTRACT GUIDANCE FOR THE CONTRACTOR -
How to be stuck in the middle without getting stuck.
     Richard L. Reed, San Antonio
     Zachry Construction Corporation

SUBCONTRACT GUIDANCE FOR THE SUBCONTRACTOR -
Achieving consensus without absorbing all the risks.
     John W. Nassen, Dallas
     Ford Nassen & Baldwin P.C.

A LAWYER’S GUIDE TO THE TRUST FUND STATUTE -
This presentation will identify some of the pitfalls a construction lawyer and client may encounter in dealing with a Trust Fund claim.
     Eric M. Cohen, Houston
     Andrews Myers Coulter & Cohen, P.C.

ARCHITECT/ENGINEERING AGREEMENTS -
What form agreements are currently being used to retain architects and engineers and what amendments should you require or accept.
     Richard A. Capshaw, Dallas
     Capshaw|Goss|Bowers LLP

ETHICAL PITFALLS IN A CONSTRUCTION CASE -
What ethical issues might be lurking in your files?
     Martha Crandall Coleman, Dallas
     Strasburger & Price, L.L.P.

LIQUIDATION AGREEMENTS -
How to pass through a subcontractor claim to the Owner. Do you need a separate agreement? What should you consider in drafting a pass-through agreement?
     Theodore M. Bailey, San Antonio
     Bailey & Bailey, P.C.

LEGISLATIVE UPDATE -
Report on pending bills that, if passed, will affect the construction industry and construction lawyers.
     Richard Gary Thomas, Dallas
     Thomas, Feldman & Wilshusen, LLP

DISASTER STRIKES! SURVIVING A CASUALTY LOSS - The ins and outs of making an insurance claim and surviving the process.
     Lee Howard Shidlofsky, Austin
     Nickens Keeton Lawless Fanell& Flack LLP

CONTINGENT PAYMENT/PREVENTION DOCTRINE -
Contingent payment clauses, so called "pay-if-paid" clauses are the subject of ongoing debate between subcontractors and sureties. This presentation will focus on their use and enforceability and legislative and judicial restrictions.
     Debra R. Davis Ellis, College Station
     Joseph Paul Horlen, College Station
     Texas A&M University

PUNCH ME OUT . . . PLEASE -
Closing out a project and getting final payment is frequently a painful process, causing financial hardship and tying up resources that are needed elsewhere, and, in the event of a dispute, the "golden rule" can create an unfair advantage. Careful attention in the contract drafting and planning for the closeout process during the project can ease the pain of getting finished and getting paid. This presentation will discuss some of the issues surrounding project close out and strategies for a timely and equitable final payment.
     Rodney L. Moss, Dallas
     Centex Construction

BANKRUPTCY PREFERENCE CONSIDERATIONS -
What is your preference? What do you consider ordinary? What do you value? When bankruptcy and construction law collide, these are issues you face. Learn answers to these questions and other common issues encountered with preference actions in bankruptcy proceedings.
     Keith A. Langley, Dallas
     Godwin Gruber, LLP

ARBITRATOR ETHICS & DISCLOSURE -
Arbitration as an institution is under attack. The finality of the arbitrator’s decision is also under attack. Is it "sour grapes" by losing parties or is it the arbitrator’s fault for not fully researching and disclosing relationships with parties and their counsel? A discussion of recent changes to the ABA/AAA Code of Ethics as well as current court decisions, state and federal, on issues of ethical conduct and disclosure by arbitrators.
     Robert "Bob" E. Meade, , New York
     American Arbitration Association

MECHANIC’S LIEN UPDATE -
Recent case law and related developments impacting validity and enforcement of mechanic’s lienson construction projects in Texas.
     Steven E. Kennedy, Dallas
     McGuire, Craddock & Strother, P.C.

INSURING DEFECTIVE WORK: NEW REALITIES - New policy provisions reduce or eliminate traditional CGL coverage for subcontractor work, residential construction, additional insured, etc. Are there alternatives?
     Patrick J. Wielinski, Arlington
     Cokinos, Bosien & Young

CONTRACTOR’S REMEDIES FOR NON-PAYMENT -
The rights and remedies available to contractors for non-payment by owners under current Texas case law and statutes. Industry form contract language will be analyzed and changes or modifications suggested.
     Robert C. Bass, Jr., Austin
     Winstead Sechrest & Minick P.C.

THE JURY CHARGE -
A discussion of the latest cases impacting the jury charge and the implications for construction cases.
     E. Link Beck, El Paso
     Beck & Given

DESIGN PROFESSIONALS AND CERTIFICATES OF MERIT -
A review of current developments concerning Texas’ certificate of merit statute, the unexpected complications arising out of the statute’s application, along with search for guidance from other states and their certificate of merit statutes.
     Matthew J. Sullivan, Austin
     DuBois, Bryant, Campbell & Schwartz, LLP

DEVELOPMENTS IN ARBITRATION AND THEIR IMPACT ON THE CONSTRUCTION INDUSTRY -
The Texas Supreme Court has issued several significant decisions on arbitration in 2004. These decisions from the 5th Circuit, and current state and federal legislative proposals will directly affect the construction law practice.
     Robert W. Wachsmuth, San Antonio
     Glast, Phillips & Murray, P.C.