The State Bar of Texas Construction Law Section
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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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