March 2 & 3, 2006
Dallas, 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

PLANNING FOR A NATURAL DISASTER IN YOUR LAW OFFICE -
How you manage lawyers operating in remote borrowed offices and homes; how you do (or don’t) have access to files; keeping electronic communications going; planning back ups for computer networks; preserving client confidential records; Making a claim on business interruption insurance.
     John A. Irvine, Houston
     Porter & Hedges, L.L.P.
Fire Warden Areas of Responsibility - Floors 33-36

YOUR CLIENT WANTS TO WORK IN LOUISIANA? -
Performing construction work in Louisiana presents its own set of issues. In many ways, industry laws and practices are similar to those in other states and in many ways there are significant differences. The impacts of Katrina and Rita have generated an unprecedented need for construction work. This presentation focuses on ten things the contractor needs to know before working in the Pelican State.
     Lloyd N. Shields, New Orleans, LA
     Shields Mott Lund L.L.P.

INSURANCE ISSUES BEFORE (AND AFTER) A CLAIM -
Knowing your coverage before work starts not only makes you a more savvy consumer, it also gives you an advantage when facing a liability claim.
     James E. Perschbach, San Antonio
     Bracewell & Giuliani LLP

THE CGL BATTLE: INSURING AGREEMENT VERSUS EXCLUSIONS -
A discussion of the Lamar Homes case in the Supreme Court that will hopefully answer the "Property Damage" and "Occurrence" issues that have plagued policyholders.
     Lee Howard Shidlofsky, Austin
     Nickens Keeton Lawless Farrell & Flack LLP

Luncheon: Lying In Mediation: Just What Are The Ethical Limits? -
Several facets of this vexing problem will be explored, including boundaries established for advocates as well as mediators.
     Speaker:Jay J. Madrid, Dallas
     Winstead Sechrest & Minick P.C.

THE "ECONOMIC LOSS RULE" UPDATE -
A brilliant strategy or a shotin the foot? What happened to my coverage? The ethical considerations involved in asserting or failing to assert the defense.
     Stephen K. Yungblut, Arlington
     Pratt & Sanderford, P.C.

SELECTED RISK ALLOCATION ISSUES IN CONSTRUCTION CONTRACTS -
The panel will discuss, from both the owner’s and general contractor’s perspective, several recommended clauses to deal with common risk allocation issues, including force majeure issues,issues relating to the length of time a contractor remains exposed toobligations to correct defective work, and for express, implied, and"pass-through" warranties.
     Moderator:Steven D. Nelson, Austin
     W. Kyle Gooch, Dallas
     Canterbury, Stuber, Elder, Gooch & Surratt, P.C.
     Robert L. Meyers, III, Dallas
     Jones, Day, Reavis & Pogue

NEW BANKRUPTCY CODE -
How the new revisions to the Bankruptcy Code affect the construction law practitioner. The discussion will focus on (1) changes in 362 procedures (2) contract assumption/rejection and (3) general revisions relevant to construction attorneys.
     Steven A. Leyh, Houston
     Jones, Day, Reavis & Pogue
Attachments

THE USE OF BUSINESS STRUCTURES TO ENCAPSULATE LIABILITY -
How does a long established business protect itself from uninsured liabilities, the risks of doing work in new states and cities, taking on a new project delivery methods or new work areas and the other risks attendant to new and different business strategies? With insurance coverage declining and becoming cost prohibitive, the construction practitioner will need to review the possible benefits of forming new business entities and structures to properly assist its expansion minded client. This segment will afford some basic review of Texas business structures, new changes in the law taking effect January 1, 2006, various structures available for use in protecting the "mothership" from harm due to the undertaking of new and different business plans, as well as a practical discussion of tax considerations and compliance issues.
     Thomas R. Barber, Houston
     Coats, Rose, Yale, Ryman & Lee, P.C.

CONCURRENT DELAYS -
An in-depth review of concurrent delays and their impact on recovery of delay damages. This presentation will cover excusable versus non-excusable delays, compensable versus non-compensable delays, segregation and apportionment of delays, burden of proof, and effect on remedies and recoveries.
     William Lewis Sessions, Dallas
     Godwin Pappas Langley Ronquillo, LLP

THE ETHICAL NEGOTIATOR: ETHICAL DILEMMAS, UNHAPPY CLIENTS AND ANGRY THIRD PARTIES -
What do clients want in negotiations and what can you give them? The lawyer as the zealous advocate.
     Michael H. Rubin, Baton Rouge, LA

CONDOMINIUMS IN TEXAS - IF YOU BUILD IT, THEY WILL COME -
Parties involved in the construction of a condominium - whether as owner, contractor, or design professional - should proceed with caution. A successful project is certainly possible, but care should be exercised from the beginning of the project to the end to avoid being a party to a lawsuit. This presentation looks at some of the major issues arising out of condominium projects and suggests practical approachesfor minimizing problems.
     Michelle I. Rieger, Dallas
     Winstead Sechrest & Minick P.C.

TEN THINGS I WISH I HAD DONE -
Bruce Shreves rode out the storm in New Orleans, and eventually was evacuated and his firm was relocated. He will share some of the serious and humerous lessons of that experience, along with some first time video and photographs from Katrina.
     Speaker:H. Bruce Shreves, New Orleans, LA
     Simon, Peragine, Smith & Redfearn, L.L.P.

PURCHASE ORDERS: BATTLE OF THE FORMS -
Issues in drafting and negotiating purchase orders including warranties, acceptance/rejection/revoking acceptance of goods, material shortages and price escalations, limitations of liability and insurance.
     Thomas W. Myers, Houston
     Andrews Myers Coulter & Cohen, PC

MEDIATION TECHNIQUES -
Maximize your opportunity to have a successful construction mediation. Strategies to get to "yes", with Q&A from the audience.
     Richard P. Flake, Houston
     Cokinos, Bosien & Young

MECHANIC’S LIENS - THE TOP TEN MISTAKES CLAIMANTS MAKE -
How to avoid the pitfalls of one of the country's most complicated lien statutes - and a couple of alternatives in case you fall into the pit.
     Porter & Hedges, L.L.P.

TX DOT CLAIMS AND PROCEDURES -
How to survive the traps,preserve claims, and maximize chances for recovery in a very uncertain world.
     Matthew C. Ryan, Austin
     Allensworth and Porter, L.L.P.