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February 11 & 12, 1993
Dallas, Texas
BUILDERS' RISK CLAIMS
An explanation of this form of property coverage, as well as examples
of covered and non-covered occurrences, claims documentation and
negotiation.
Gregory M. Cokinos, Houston
MAXIMIZING USE OF CONTRACTOR'S CGL COVERAGE
An explanation of this form of liability coverage, optional forms of
coverage, rights to select counsel when company reserves its rights,
Stowers doctrine, separate defense option.
Byron G. Lee, Houston
INDEMNITY CLAUSES
Review of current Texas law. Requirements for enforceability, limited
forms of indemnities, negotiation tips, practicality of indemnity
requests by public entities, additional insured requirements.
Priscilla A. Harris, Sugar Land
CONTRACTOR'S "INADVERTANT" LIABILITY FOR DESIGN DEFECTS
Identification of circumstances under which contractor can become
responsible for design deficiencies by others, design/build
considerations, indemnity, limits on reliance on E&O insurance of the
design professional member of a team.
William R. Allensworth, Austin
DOING BUSINESS IN MEXICO
Discussion of laws and issues facing the U.S. contractor, architect,
or engineer desiring to do business in Mexico.
Steven D. Nelson, Dallas
Juan Francisco Torres Landa, Mexico City, D.F.
USING MEDIATION IN CONSTRUCTION DISPUTES AND FINDING AND EXPERIENCED MEDIATOR
Review of mediation options including a survey of sources for
mediators with construction experience.
Robert W. Wachsmuth, San Antonio
DISPUTE PREVENTION
Avoiding and resolving legal disputes through "partnering", incentive
compensation provisions, contract risk allocation and contract dispute
clauses.
James W. Wilson, Houston
CONTRACTOR WARRANTIES: EXPRESSED AND IMPLIED
Discussion of the primary forms of construction warranties under Texas
law; control of warranties by agreement.
Kenneth P. Gudgen, Fort Worth
JOB SAFETY - HIGH FINES AND CRIMES
Fines levied by the Occupational Safety and Health Administration and
the alarming increase in federal and state criminal actions to enforce
job site safety.
Joseph F. Canterbury, Jr., Dallas
VIEW FROM THE BENCH
A panel of two Texas trial judges and one arbitrator with significant
construction arbitration experience, responding to a series of pointed
questions from the moderator about effectiveness of various
presentation techniques in construction cases.
Moderator: James A. Knox, Dallas
Clarance A. Guittard, Dallas
Hon. Louis J. Spector, Falls Church, VA
Hon. Sarolyn P. Wood, Houston
SOVEREIGN IMMUNITY
Review of status of this doctrine in Texas, inapplicability to some
subdivisions of state and to some forms of action.
James F. McKibben, Jr., Corpus Christi
CURRENT PUBLIC CONSTRUCTION ISSUES AS SEEN BY THE ATTORNEY GENERAL'S OFFICE
Review of "responsible" bidder question under competitive bidding
laws, right of public entities to reject proposed sureties, etc.
Steve Aragón, III, Austin
TEXAS MBE PROGRAMS
Review of Texas programs in place and the legal parameters governing
them.
Terry Davis, Austin
WHAT TO DO WHEN THE GENERAL CONTRACTOR, THE SUBCONTRACTOR OR THE OWNER FILES A CHAPTER 7 OR CHAPTER 11
A discussion of general bankruptcy principles and procedures in
Chapter 7 and 11 proceedings with an emphasis on practical aspects of
contraction liens and priorities.
Thomas E. Hill, Dallas,
Heil H. Stone, San Antonio
CURRENT ENVIRONMENTAL ISSUES
Implication for contractors of Superfund remediations, potential
liability exposure of remediation engineers and contractors, impact of
OSHA 1910.119, EPA storm water run-off regulations.
Anthony R. Chase, Houston
John English, Houston
CASE STUDY OF A DISPUTE BETWEEN A GENERAL CONGTRACTOR AND A MAJOR SUBCONTRACTOR
A hypothetical fact situation will be used as the basis for presenting
the most commonly encountered strategic and legal issues in this type
dispute. A series of motions will be argued on specific points.
Moderator: William M. Coats, Houston
Ben Louis Aderholt, Houston
Martha Crandall Coleman, Dallas
Keith A. Langley, Dallas
Robert L. Meyers, III, Dallas
John W. Nassen, Dallas
Donald O. Pratt, Dallas
William B. Short, Jr., Dallas
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