2010

Construction Law Conference

Austin Feb 18-19, 2010
Conference Concluded

Dallas Sep 23-24, 2010 Belo Mansion
Conference Concluded

Buy

Related products: Materials

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Overview

Join construction lawyers and construction defects experts at the 2010 Construction Law Conference.

Highlights include:

• In-depth examination of key contract clauses regarding damages, limitations of liability, and price escalation; plus drafting and negotiating key clauses and the issues that arise in both standardized forms and manuscript agreements.

• Special coverage of ADR, mediation and arbitration, plus residential construction dispute resolution after the demise of the TRCCA.

• Multiple sessions on construction litigation from getting and keeping coverage to effective damage claims and the use of forensic experts to trying a construction defect case.

• Sessions on the legal issues related to green building including design issues, contracts, warranties, green standards and LEED certification.

• What's Ahead for the Construction Industry? with Karl F. Almstead

• Ethics Issues for Construction Lawyers: Conflicts, Settlement Discussions, Liability Allocations and the Proposed New Texas Rules

• Substantive materials and 3.00 hours of ethics credit!

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1
Day 2

Time

Credit

Subject

Speaker
Thursday Morning, Sep. 23, 2010
8:00 am
Dallas Only

Registration Opens

Includes continental breakfast.
8:50 am
Dallas Only

Welcoming Remarks
9:00 am
Dallas Only

0.75 hr

Construction Industry Basics: What Contractors Expect Their Lawyers to Know, or at Least Wish They Did

In any commercial practice area, attorneys with a working knowledge of their clients’ business issues and concerns are better equipped to more effectively handle their legal affairs. The construction industry is unique in many ways. This presentation addresses the basic inner workings of the industry, including the typical relationships between the various contracting parties, the standard practices, terminology and documents, and the most common legal issues that arise.

M. Gavin McGee, Attorney at Law - Bellaire, TX
9:45 am
Dallas Only

0.75 hr

RCLA Refresher and Update: Litigation is Back!

Undoubtedly, with the demise of the TRCCA, the clock on how residential construction disputes are resolved has been turned back. Most homeowners would say that's good news. Is it time to turn the clock back even further?

Commentators:
Charles J. Cain, Cain & Skarnulis LLP - Austin, TX
Mark S. McQuality, Shackelford, Melton & McKinley, LLP - Dallas, TX
Commentators:
Anne P. Stark, The Law Office of Anne P. Stark - Dallas, TX
10:30 am
Dallas Only

Break
10:45 am
Dallas Only

0.75 hr

Damages in Construction Litigation: Current Issues and Case Law

This session covers damages recoverable by both contractors and owners related to construction projects. With respect to contractors, an overview is presented regarding damages for delay claims, lost profits, increased overhead, quantum meruit and wrongful termination by owner. Regarding owners, this session covers damages for unexcused delays, cost to complete after termination or abandonment, loss of use, lost profits, and damages for construction defects, including cost of repair versus diminished value.

Clayton C. Cannon, Stumpf Cannon Fasthoff PC - Houston, TX
11:30 am
Dallas Only

0.50 hr

What Do You Mean I'm Not Entitled to Recover My Damage? The Ramifications of Clauses that Limit Liability in Construction Contracts

This session analyzes the ramifications of clauses that limit liability in construction contracts, including clauses covering Liquidated Damages, No Damages for Delay, and Waiver of Consequential Damages.

Allison J. Snyder, Porter & Hedges, LLP - Houston, TX
Thursday Afternoon, Sep. 23, 2010
Presiding Officer:
In Dallas: Steven Eugene Kennedy, McGuire Craddock & Strother PC - Dallas, TX
12:00 pm
Dallas Only

Pick up Box Lunch
12:15 pm
Dallas Only

0.75 hr

What's Ahead for the Construction Industry?

This overview of the macroeconomics of the construction industry provides background to explore the changes that are transforming the business of construction. The presentation also looks into the risks and challenges that face the future of the design and construction industry.

Karl F. Almstead, Turner Construction Company - New York, NY
1:00 pm
Dallas Only

Break
1:15 pm
Dallas Only

0.50 hr

All Good Things Must Come to an End: Legal Issues in Construction Contract Terminations

When can an owner terminate a contract for mere convenience? What does it take to justify termination "for cause"? Under what conditions can a termination be converted from "for cause" to "for convenience"? And, what are the implications of the distinction? A discussion of these questions and more involving construction contract terminations.

C. A. (Joe) Davis, Brown McCarroll, L.L.P. - Austin, TX
1:45 pm
Dallas Only

0.50 hr

Escalation Clauses: Dealing with Changes in the Price of Materials and Navigating the Battle of the Forms

Coverage of the standard contract clauses applicable to price escalation, applicable statues, the case law covering these issues and practical advice for dealing with price escalation risk, both pre- and post-contract.

William B. "Ben" Westcott, Andrews Myers Coulter & Hayes, P.C. - Houston, TX
2:15 pm
Dallas Only

1.00 hr

The Basics and Beyond: Drafting and Negotiating Key Clauses in Construction Contracts

From "must-have" provisions to "gotchas" that should be avoided, this presentation covers a wide range of contract issues that arise in both standardized forms and manuscript agreements.

Matthew David Beshara, Ford Nassen & Baldwin P.C. - Dallas, TX
Steven Eugene Kennedy, McGuire Craddock & Strother PC - Dallas, TX
3:15 pm
Dallas Only

Break
Dallas Only

GREEN BUILDING: DESIGN, CERTIFICATION, CONTRACTS, WARRANTIES AND LIABILITIES
3:30 pm
Dallas Only

0.83 hr

LEED 101 and Beyond: Incentives, Design, Construction Pitfalls, Certifications and Contracts

A panel discussion on the design issues, contracts and certifications for green and sustainable development that includes a look at the most common green standards and how they are used to certify green buildings. The panel also comments on the financial incentives driving developers to go “green” and takes a look at some of the possible challenges with this type of construction—and what you can do to avoid those challenges.

Matthew J. DeVries, Stites & Harbison PLLC - Nashville, TN
Jeffrey H. Peters, Rimkus Consulting Group, Inc. - Houston, TX
4:20 pm
Dallas Only

0.75 hr

Liability and Litigation Issues Arising from Green Building and LEED Certification

Are you prepared to help your clients understand and deal with the risks involved in the project seeking LEED certification? Ever heard of "greenwashing"? This session examines many of the legal issues related to green building and projects seeking LEED certification, including contract provisions, warranties, insurance and potential litigation.

Cathy Lilford Altman, Carrington, Coleman, Sloman & Blumenthal L.L.P. - Dallas, TX
Dale E. Butler, Butler Law Firm, PC - Flower Mound, TX
5:05 pm
Dallas Only

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Sep. 24, 2010
Presiding Officer:
In Dallas: Michael B. Gerstle, Gerstle, Minissale & Snelson, L.L.P. - Dallas, TX
8:00 am
Dallas Only

Conference Room Opens

Includes continental breakfast.
8:30 am
Dallas Only

0.50 hr

Current Developments and Practice Tips Involving Liens in Place

A discussion of issues that arise once the lien is in place, including suit to foreclose the lien, fights with lenders over removables, what materials constitute removables and protecting lien rights when the owner files for bankruptcy.

Richard E. Schellhammer, Goins, Underkofler, Crawford & Langdon, L.L.P. - Dallas, TX
9:00 am
Dallas Only

0.50 hr

Current and Emerging Issues in Litigation Involving Design Professionals

Recent trends in claims against design professionals for defective design or contract administration with emphasis on claims by contractors, including negligent misrepresentation claims. The presentation also includes defenses that may be raised by design professionals facing such claims, including the economic loss doctrine and contractual limitations of liability.

Jeffrey A. Ford, Ford Nassen & Baldwin P.C. - Dallas, TX
9:30 am
Dallas Only

0.50 hr
0.25 hr ethics

Construction Litigation, Part I: Getting and Keeping the Coverage

This session examines construction liability including pleading into coverage, defending claims and allocating liability between parties.

Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX
10:00 am
Dallas Only

Break
10:15 am
Dallas Only

1.25 hrs
0.25 hr ethics

Construction Litigation, Part II: Effective Damage Claims and Use of Forensics Experts

The successful resolution of construction defect claims and litigation relies heavily on the development and opinions of the experts. This panel addresses issues and tips in identifying and qualifying the experts needed, developing and using effective investigation data and protocols, and avoiding Daubert/ Robinson challenges. The expert and attorney panel discusses strategies utilized in past cases that have proven successful in resolving disputes involving multi-party complex litigation.

Please note: Fifteen(15) additional minutes have been allocated for this session. It will now conclude at 11:30 a.m., instead of 11:15 a.m.

Michael B. Gerstle, Gerstle, Minissale & Snelson, L.L.P. - Dallas, TX
Commentator:
Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX
Mark McGivern, CCA, LLC - Bedford, MA
Gary Zwayer, Wiss, Janney, Elstner Associates, Inc. - Northbrook, IL
11:30 am
Dallas Only

0.75 hr
0.25 hr ethics

Construction Litigation, Part III: Trying a Construction Defect Case

Two seasoned trial lawyers from both sides of the docket share their insights on how to win jury trials in construction cases.

Please note: This session now begins at 11:30 a.m., previously scheduled to begin at 11:15 a.m.

William J. Chriss, Law Office of Willam J. Chriss, P.C. of counsel to Gravely & Pearson, L.L.P. - Austin, TX
Marc A. Young, Cokinos, Bosien & Young - San Antonio, TX
Friday Afternoon, Sep. 24, 2010
Presiding Officer:
In Dallas: C. A. (Joe) Davis, Brown McCarroll, L.L.P. - Austin, TX
12:15 pm
Dallas Only

Lunch

Pick up box lunch included in conference registration fee.
12:30 pm
Dallas Only

1.00 hr ethics

Ethics Issues for Construction Lawyers: Conflicts, Settlement Discussions, Liability Allocations and the Proposed New Texas Rules

A look at the substance and potential impact of recent changes to the disciplinary rules and the impact they will have on construction attorneys.

Please note: The luncheon presentation now begins at 12:30 p.m., previously scheduled to begin at 12:15 p.m.

Kennon Peterson, Supreme Court of Texas - Austin, TX
1:30 pm
Dallas Only

Break
1:45 pm
Dallas Only

1.25 hrs ethics

State of the Art Dispute Resolution: ADR, Mediation and Arbitration—Lessons from Construction Disputes

An interactive panel of experts from the attorney, expert, insurance and neutral perspectives share some new thoughts on some old processes.

Please note: This session now begins at 1:45 p.m., previously scheduled to begin at 1:30 p.m.

Moderator:
Karl Bayer, Dispute Resolution Expert - Austin, TX
Panelists:
Eileen Jenkins, United States Liability Insurance Group - Wayne, PA
Panelists:
Mark McGivern, CCA, LLC - Bedford, MA
Panelists:
Glen Wilkerson, Davis & Wilkerson - Austin, TX
Panelists:
Sherrie Wirth, The Exhibit Company - Austin, TX
3:00 pm
Dallas Only

Adjourn

Day 1 September 23, 2010
Day 2 September 24, 2010

Download Schedule

Conference Faculty

Karl F. Almstead

Turner Construction Company
New York, NY

Cathy Lilford Altman

Carrington, Coleman, Sloman & Blumenthal L.L.P.
Dallas, TX

Karl Bayer

Dispute Resolution Expert
Austin, TX

Matthew David Beshara

Ford Nassen & Baldwin P.C.
Dallas, TX

Dale E. Butler

Butler Law Firm, PC
Flower Mound, TX

Charles J. Cain

Cain & Skarnulis LLP
Austin, TX

Clayton C. Cannon

Stumpf Cannon Fasthoff PC
Houston, TX

William J. Chriss

Law Office of Willam J. Chriss, P.C. of counsel to Gravely & Pearson, L.L.P.
Austin, TX

C. A. (Joe) Davis

Brown McCarroll, L.L.P.
Austin, TX

Matthew J. DeVries

Stites & Harbison PLLC
Nashville, TN

Jeffrey A. Ford

Ford Nassen & Baldwin P.C.
Dallas, TX

Michael B. Gerstle

Gerstle, Minissale & Snelson, L.L.P.
Dallas, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Eileen Jenkins

United States Liability Insurance Group
Wayne, PA

Steven Eugene Kennedy

McGuire Craddock & Strother PC
Dallas, TX

M. Gavin McGee

Attorney at Law
Bellaire, TX

Mark McGivern

CCA, LLC
Bedford, MA

Mark S. McQuality

Shackelford, Melton & McKinley, LLP
Dallas, TX

Jeffrey H. Peters

Rimkus Consulting Group, Inc.
Houston, TX

Kennon Peterson

Supreme Court of Texas
Austin, TX

Richard E. Schellhammer

Goins, Underkofler, Crawford & Langdon, L.L.P.
Dallas, TX

Allison J. Snyder

Porter & Hedges, LLP
Houston, TX

Anne P. Stark

The Law Office of Anne P. Stark
Dallas, TX

William B. "Ben" Westcott

Andrews Myers Coulter & Hayes, P.C.
Houston, TX

Glen Wilkerson

Davis & Wilkerson
Austin, TX

Sherrie Wirth

The Exhibit Company
Austin, TX

Marc A. Young

Cokinos, Bosien & Young
San Antonio, TX

Gary Zwayer

Wiss, Janney, Elstner Associates, Inc.
Northbrook, IL

Planning Committee

Steven Eugene Kennedy—Co-Chair

McGuire Craddock & Strother PC
Dallas, TX

M. Gavin McGee—Co-Chair

Attorney at Law
Bellaire, TX

Dale E. Butler

Butler Law Firm, PC
Flower Mound, TX

Charles J. Cain

Cain & Skarnulis LLP
Austin, TX

Clayton C. Cannon

Stumpf Cannon Fasthoff PC
Houston, TX

William J. Chriss

Law Office of Willam J. Chriss, P.C. of counsel to Gravely & Pearson, L.L.P.
Austin, TX

Daniel K. Craddock

Craddock Massey, P.C.
West Lake Hills, TX

S. Frank Culberson

Rimkus Consulting Group, Inc.
Houston, TX

C. A. (Joe) Davis

Brown McCarroll, L.L.P.
Austin, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Michael B. Gerstle

Gerstle, Minissale & Snelson, L.L.P.
Dallas, TX

Gary R. Gurwitz

Atlas & Hall, L.L.P.
McAllen, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Cara Doak Kennemer

Goins, Underkofler, Crawford & Langdon, L.L.P.
Dallas, TX

Mark McGivern

CCA, LLC
Bedford, MA

Richard E. Schellhammer

Goins, Underkofler, Crawford & Langdon, L.L.P.
Dallas, TX

Anne P. Stark

The Law Office of Anne P. Stark
Dallas, TX

MCLE Credit

Texas – 12.75 hrs | 3.00 hrs Ethics
Legal Specialization(s): Civil Trial Law, Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 12.75 hrs | 3.00 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Other Credit

TX Accounting CPE – 15.00 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

TX Insurance – 0.00 hr

UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms

TX Real Estate Commission (TREC) – 0.00 hr

To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

MCLE Credit

Texas – 12.75 hrs | 3.00 hrs Ethics
Legal Specialization(s): Civil Trial Law, Real Estate Law

California – 12.75 hrs | 3.00 hrs Ethics

Other Credit

TX Accounting CPE – 15.00 hrs

TX Insurance – 0.00 hr

TX Real Estate Commission (TREC) – 0.00 hr

Key Dates

Austin – Feb 18-19, 2010

Conference Concluded

Dallas – Sep 23-24, 2010 – Belo Mansion

Conference Concluded

Buy

Austin
Dallas

Last day for cancellation (full refund): Feb 10, 2010

$50 processing fee applied after this date

Last day for cancellation: Feb 15, 2010

Standard Registration
Last day for $450.00 Regular pricing: Sep 21, 2010

$500.00 for registrations received after this time

Last day for cancellation (full refund): Sep 17, 2010

$50 processing fee applied after this date

Last day for cancellation: Sep 20, 2010

Venue

Belo Mansion

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

Self Parking $3 per day for Dallas Bar Members; $10 per day non-Dallas Bar members

Nearby Hotel Accommodations

Fairmont Hotel

1717 N. Akard St.
Dallas, TX
(214) 720-2020 (reservations)

Accommodations

$149.00 good through Aug 23, 2010

Parking Information

$22 overnight Valet parking

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Brown McCarroll L. L. P.

Brown McCarroll L. L. P.
CCA, LLC

CCA, LLC
Rimkus Consulting Group, Inc.

Rimkus Consulting Group, Inc.
Nelson Architectural Engineers Inc.

Nelson Architectural Engineers, Inc. (NAE), serving nationwide from strategically located offices in Texas, Florida, Georgia, Maine and Hawaii, is a progressive engineering and technology firm specializing in forensics and consulting. We are investigators who assess damage from perils such as hurricanes, explosions, fires, structural failures, and design and construction defects. Our services include cause and origin determination, recommendations for remediation, and cost estimating -- typically within an insurance, legal or architectural design setting. NAE excels in multi-disciplined Forensic Engineering (Civil, Structural, Mechanical, Electrical), Architecture, LEED? Consulting, Industrial Hygiene & Safety, Fire Scene Investigation, HVAC, Boilers, Roofing, Cost Estimating, and Expert Witness/Litigation/Subrogation assistance. www.nae-us.com www.nae-us.com

2010

Construction Law Conference

Austin Feb 18-19, 2010 Conference Concluded

Dallas Sep 23-24, 2010 Belo Mansion Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Sep. 23, 2010

Thursday Afternoon, Sep. 23, 2010

Friday Morning, Sep. 24, 2010

Friday Afternoon, Sep. 24, 2010

Conference Faculty

Karl F. Almstead

Cathy Lilford Altman

Karl Bayer

Matthew David Beshara

Dale E. Butler

Charles J. Cain

Clayton C. Cannon

William J. Chriss

C. A. (Joe) Davis

Matthew J. DeVries

Jeffrey A. Ford

Michael B. Gerstle

Michael W. Huddleston

Eileen Jenkins

Steven Eugene Kennedy

M. Gavin McGee

Mark McGivern

Mark S. McQuality

Jeffrey H. Peters

Kennon Peterson

Richard E. Schellhammer

Allison J. Snyder

Anne P. Stark

William B. "Ben" Westcott

Glen Wilkerson

Sherrie Wirth

Marc A. Young

Gary Zwayer

Planning Committee

Steven Eugene Kennedy—Co-Chair

M. Gavin McGee—Co-Chair

Dale E. Butler

Charles J. Cain

Clayton C. Cannon

William J. Chriss

Daniel K. Craddock

S. Frank Culberson

C. A. (Joe) Davis

Michael J. Esposito

Michael B. Gerstle

Gary R. Gurwitz

Michael W. Huddleston

Cara Doak Kennemer

Mark McGivern

Richard E. Schellhammer

Anne P. Stark

Credit Info

MCLE Credit

Other Credit

MCLE Credit

Other Credit

Key Dates

Venue

Belo Mansion

Parking Information

Nearby Hotel Accommodations

Fairmont Hotel

Accommodations

Parking Information

Our Sponsors

Brown McCarroll L. L. P.

CCA, LLC

Rimkus Consulting Group, Inc.

Stay in the loop with UT Law CLE

Austin Feb 18-19, 2010
Conference Concluded

Dallas Sep 23-24, 2010 Belo Mansion
Conference Concluded