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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