The State Bar of Texas Construction Law Section
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February 15 & 16, 1990
Houston, Texas

MECHANICS' LIENS AND MCGREGOR ACT CLAIMS
A practical approach to the Texas mechanics' lien laws with particular emphasis on the recent legislative amendments and an overview of payment bond claims on the state public works.
Eldon L. Youngblood, Dallas

TRUST FUND STATUTE
An examination of the Texas Trust Fund Statute providing for recovery of construction payment claims, including a discussion of the penalty and claim priority aspects of the statute.
C. Bennett, Jr., Dallas

ARCHITECT/ENGINEER LIABILITY
Recent developments affecting the prosecution/defense of claims asserted against design professionals.
D. Gibson Walton, Houston

DELAY CLAIMS
An overview of theories of recovery and measures of delay damages against the various parties on a construction project, including a discussion of liquidated damages.
Joseph F. Canterbury, Jr., Dallas

PAYMENT PROBLEMS
A review of payment clauses generally encountered, including "pay-when-paid" provisions, retention agreements, and progress payments.
Ann Y. Riddel, Austin

DEFAULTS/TERMINATIONS
An examination of rights and remedies when defaults in performance become the basis for contract termination, including measure of damages, effect of performance bonds, and substitution of contractors.
Paul B. Underkofler, Dallas

RESPONSIBILITY FOR DEFECTIVE WORK AND SPECIFICATIONS
An examination of common contract provisions and the common law concerning responsibility for and damages resulting from defective specifications and defective work.
Richard W. Avery, Houston

WARRANTIES AND LATENT DEFECTS
An overview of typical contract provisions and the common law regarding responsibility for and damages resulting from breaches of warranties and latent defects.
John R. Henderson, Dallas

RISK ALLOCATION QUESTIONS
The most frequently encountered contract clauses allocating performance risks between an owner and general contractor.
Robert L. Meyers, III, Dallas

CONTRACT CLAIMS PREPARATION
A detailed discussion of sophisticated construction claims preparation and presentment, including the use of consultants and computer technology.
Donald O. Pratt, Fort Worth

DISPUTE RESOLUTION STRATEGIES—ADR VS. LITIGATION
An examination of strategy, procedural, and substantive considerations arising in construction litigation, arbitration, mediation, and other forms of alternate dispute resolution methods.
Robert C. Elder, Jr., Dallas

JURY QUESTIONS IN CONSTRUCTION LITIGATION: AN OUTLINE OF SELECTED PROBLEMS
Pointers and strategies for the construction litigator in the preparation of effective and objection-proof special issues and instructions.
Tom Alan Cunningham, Houston

CONSTRUCTION DISCOVERY POSSIBILITIES
A discussion of innovative discovery possibilities in complex construction litigation & arbitration not otherwise obvious to experienced litigators.
William K. Andrews, Houston

PAYMENT BOND CLAIMS
An examination of private common law and statutory payment and indemnity bonds, including tips on proper claim presentment.
Marc R. Stanley, Dallas

SURETY'S PERFORMANCE BOND OPTIONS
An examination of a surety's traditional options when called upon to honor it's performance bond obligations.
Steven D. Nelson, Dallas

SURETY'S DEFENSE
An overview of a surety's common law and other defenses to claims under payment and performance bonds, including the extent to which a surety may be released from it's obligations.
James A. Knox, Dallas

PRINCIPALS' AND INDEMNITORS' RIGHTS AND OBLIGATIONS
A thorough examination of the rights and obligations of principals and indemnitors under typical general agreements of indemnity and the common law.
Duncan L. Clore, Dallas




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Last updated 2 June 2001