The State Bar of Texas Construction Law Section
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February 8 & 9, 1996
Houston, Texas

CURRENT DEVELOPMENTS IN CONSTRUCTION CASE LAW
Honorable John Cornyn, Austin

INSURANCE COVERAGE FOR CONSTRUCTION LIABILITIES
Insurance coverage issues affecting the construction industry, with emphasis on commercial general liability and guilder's risk insurance policies.
Mark Lawless, Austin

RECENT DEVELOPMENTS IN THE AMERICANS WITH DISABILITIES ACT AND RELEVANT STATE LAWS
Litigation in regulatory developments affecting new construction under the Federal Americans with Disabilities Act, including recent consent orders, lawsuits and interpretive rulings of the Department of Justice; Recent developments under the State Architecture Barriers Act as it affects the construction industry.
Penny Parker, Dallas

BUILDING INFRASTRUCTURE ALONG THE BORDER
The Border Environment Cooperation Commission ("BECC"), along with the North American Development Bank ("NADBank"), were created as part of NAFTA to address border environmental infrastructure problems. Now these two institutions are beginning the process of locating and financing up to $4 billion of infrastructure construction along both sides of the US-Mexico border.
Gregg A. Cooke, Austin

HOT TIPS FOR CONTRACT DRAFTING
Indemnity; Limited liability clauses; Flow down clauses; Warranty clauses; Pollution clauses; No Damage for Delay Under Normal Conditions; Performance Speed; ADR clauses.
Deborah Ballati, San Francisco, CA
Robert L. Meyers, III, Dallas

ADR - VARIATION ON THE THEME
Traditional methods of dispute resolution are still being used. However, variations such as Arbitration/Mediation, Mediation/Arbitration, High-Low Contracts, Last Best Offer, MEDALOA, & Mini-Trials can be additional tools the construction lawyer can utilize for prompt resolution of disputes. The mechanics of each of these processes will be examined in detail, along with their advantages in resolving construction industry disputes.
Helmut O. Wolff, Dallas

DESIGN PROFESSIONAL LIABILITY
Update and Trends
Richard W. Avery, Houston

AFFIRMATIVE ACTION PROGRAMS AFTER ADARAND
How will the U.S. Supreme Court decision in Adarand Constructions, Inc. v. Pena, subjecting affirmative action programs to a strict scrutiny standard, impact the construction industry?
Ruben Cantu, San Antonio

LIMITING ENVIRONMENTAL LIABILITY
Suggestions for dealing with environmental concerns, including consideration of environmental issues in construction contracts. Concerns addressed include potential presence of asbestos, lead paint, storage tanks, PCBs, and contaminated soils. Regulatory issues will be identified including consideration of potential liability of construction companies, owners, and others for acts of construction companies.
Jeff Civins, Austin

IMPACT OF 1995 TORT LAW CHANGES ON THE CONSTRUCTION INDUSTRY
Larry F. York, Austin

SICK BUILDING
Indoor air pollution poses the highest risk to health of all environmental problems. The causes and the role of design professionals in solving this newest toxic tort.
John M. McGinty, Houston

ATTENTION!! THE NEW GENERALS ARE ADVANCING
A comparison of the 1997 draft AIA A201 General Conditions Document with the Current (1987 Edition) Document. These will also be compared with the new draft general conditions from the EJCDC.
David D. Peden, Jr., Houston

AAA CONSTRUCTION RULE CHANGES
The AAA appointed a Construction ADR Task Force in April of 1994 to thoroughly review and revise the construction industry ADR procedures, including arbitration. A review of the work of the Task Force with emphasis on changes for the arbitration rules.
Joe F. Canterbury, Jr., Dallas

CONSTRUCTION LAW BANKRUPTCY CONSIDERATIONS
Hot topics and new cases in the bankruptcy arena. What if a construction project participant goes down? Executory contracts, contract balances, property of the estate, the automatic stay, and other things you need to know.
Keith A. Langley, Dallas

MEASURE OF DAMAGES
The proper measure of damages for different types of claims asserted by owner, contractor or design professional with an analysis of the standard of review on appeal of evidence supporting the claim for damages.
E. Link Beck, El Paso

CHOOSING THE APPROPRIATE ENTITY FOR YOUR BUSINESS OR CONSTRUCTION PROJECT
Joint ventures, limited partnerships, limited liability companies, corporations and foreign entities with an emphasis on tax and liability issues.
W. Thomas Weir, San Antonio

ARCHITECTS' AND ENGINEERS' CONTRACTS
Alternatives to AIA and NSPE forms to limit or to extend designers' liability, with reference to specific forms and recent Texas decisions.
William R. Allensworth, Austin




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