2011

Construction Law

Dallas Sep 22-23, 2011 Belo Mansion
Conference Concluded

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Related products: Materials

Overview

Join nationally-recognized construction lawyers and liability and insurance experts for the 2011 Construction Law conference. The 2011 program includes:

- Practical and sophisticated analysis of risk management and contract issues, including
   • no damages for delay clauses
   • direct vs. consequential damages
   • the use and enforceability of liquidated damage clauses
   • standards of completion
   • surety claims issues
   • indemnification

- A coordinated series of sessions on insurance and who pays, including
   • coverage and policy provisions for construction liability
   • basic insurance case law update for construction lawyers
   • the changing construction insurance market

- Friday’s focused presentations on litigation, including
   • identifying the players and pressure points
   • allocating liability and damages in multiparty litigation
   • electronic discovery and document production
   • “Top 10 Mistakes Litigators Make in Construction Arbitrations”

- Construction case law update, Thursday's Keynote Luncheon Presentation with Sen. Kirk Watson with legislative updates, and closing presentation Mediation: What Works?

- Substantive materials and 2.00 hours of ethics

Event Schedule

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

Day 1 September 22, 2011
Day 2 September 23, 2011

Time

Credit

Subject

Speaker
Thursday Morning, Sep. 22, 2011
Presiding Officer:
Mark McGivern, CCA, LLC - Austin, TX and Bedford , MA
8:00 am

Registration Opens

Includes continental breakfast.
8:20 am

Welcoming Remarks
8:30 am

0.50 hr

Construction Law Update

An overview of some of the new case law impacting construction law practitioners and a preview of the new laws and changes to current statutes provided by the 82nd Texas Legislature, which will be discussed in further detail during the luncheon presentation.

Ian P. Faria, Coats, Rose, Yale, Ryman & Lee, P.C. - Houston, TX
RISK MANAGEMENT AND CONTRACT ISSUES
9:00 am

0.50 hr

No Damages for Delay Clauses: Key Issues and Drafting Considerations

No damages for delay clauses are a potential shield for general contractors. Key considerations for use and drafting are discussed.

Co-Author:
Cara Doak Kennemer, Goins, Underkofler, Crawford & Langdon, L.L.P. - Dallas, TX
Richard E. Schellhammer, Goins, Underkofler, Crawford & Langdon, L.L.P. - Dallas, TX
9:30 am

0.50 hr

Direct vs. Consequential Damages

A discussion of agreed remedies and damage measures, focusing on contract and consequential damages.

Jo Ann Merica, Sedgwick LLP - Austin, TX
10:00 am

0.50 hr

The Use and Enforceability of Liquidated Damage Clauses

Drafting and enforcing liquidated damage clauses can depend upon a number of considerations. From determining if your clients’ damages are a penalty or a reasonable forecast, to understanding how various construction scheduling issues impact the application of liquidated damage clauses, this session provides an overview of how these types of clauses can be enforced or invalidated.

Anthony J. Gonzales, Spire Consulting Group, LLC - Austin, TX
Gerald L. Stovall, Hall, Render, Killian, Heath & Lyman, P.C. - Louisville, KY
10:30 am

Break
10:45 am

0.50 hr

Standards of Completion

A discussion on how tribunals interpret completion clauses and when a project is used for its “intended purpose.” The session also analyzes competing substantial completion clauses, identifies recommended completion clauses based on project type, and provides practice tips to assist parties and practitioners in alleviating uncertainty in drafting and pinpointing completion dates.

Giselle Finne Gafford, Gardere Wynne Sewell LLP - Dallas, TX
Brett Dosher Lamb, Gardere Wynne Sewell LLP - Dallas, TX
11:15 am

0.50 hr

Surety Issues, Performance Bonds and Payment Bonds

An outline of common issues that impact acceptance or denial of the surety claim.

David Mason Kleiman, Kleiman Lawrence Baskind Fitzgerald LLP - Dallas, TX
11:45 am

0.50 hr

Indemnification: The Good, the Bad and the Ugly

This presentation explores the current state of Texas law and its practical application.

Tonya Powers Johannsen, The Beck Group - Dallas, TX
12:15 pm

Break to Pick Up Lunch

Included in conference registration fee.
Thursday Afternoon, Sep. 22, 2011
Presiding Officer:
C. A. (Joe) Davis, Brown McCarroll, L.L.P. - Austin, TX
LUNCHEON PRESENTATION
12:30 pm

0.50 hr

Legislative Update

An update of the construction-related legislation passed in 2011.

Kirk Watson, Texas State Senate, District 14 - Austin, TX
1:00 pm

Break
WHO PAYS?
1:15 pm

0.50 hr

A Practical Guide to Coverage and Policy Provisions for Construction Liability

A look at common issues and policy provisions for construction activity.

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

0.50 hr

Basic Insurance Case Law Update for Construction Lawyers

Case law update on topics that impact construction law practitioners.

Cynthia A. Holub, Porter & Hedges, LLP - Houston, TX
2:15 pm

1.17 hrs

The Changing Insurance Market for Construction in 2011: Where We Have Been, Where We Are Going and Why It Matters

A panel of experienced insurance professionals discusses market changes and reactions to judicial rulings finding coverage for construction defects, mass claims involving construction using products such as Chinese drywall, evolving attempts to limit coverage for contractual indemnity and for additional insureds, the procurement of coverage for workers compensation for subcontractors in order to get statutory employer status under the Workers Compensation Act, and the development of new insurance products.

Moderator:
Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX
Panelists:
Jeff Fritts, Willis Group Holdings - Addison, TX
Panelists:
Eileen Jenkins, United States Liability Insurance Group - Wayne, PA
Panelists:
Paul Primavera, Lockton Companies, LLC - Washington, DC
3:25 pm

Break
3:40 pm

0.33 hr

The Certificate of Merit: Overview and Update on Emerging Trends

In this year alone, more than a dozen reported cases have addressed the Certificate of Merit statute. Opinions continue to evolve. This session details the current case law, identifies trends in the law, and addresses the statute’s potential interplay with the most recent round of tort reform legislation.

Thomas John Turner, Cain & Skarnulis LLP - Austin, TX
4:00 pm

0.33 hr

Sales Tax Issues for Construction Lawyers: Common Pitfalls, Pointers and Planning Opportunities

This session explores how contract terms can affect the sales tax obligations of contractors, subcontractors and customers.

Curtis James Osterloh, Scott Douglass & McConnico - Austin, TX
The Government Calls - What to Do When ICE or OSHA Shows Up at the Construction Site
4:20 pm

0.50 hr

Immigration Issues for Contractors and Subcontractors

This presentation addresses current immigration-related topics of relevance to the construction industry such as the E-Verify program, I-9 audits and undocumented worker issues.

John David Smart, Winstead PC - Dallas, TX
4:50 pm

0.50 hr

How to Advise Your Contractor When Occupational Safety and Health Administration (OSHA) Shows Up

In theory, OSHA and the employer are on the same side. The employer wants a safe workplace and OSHA's mission is to promulgate and enforce safety standards. In practice, every employer needs to understand how to respond when OSHA comes knocking. This presentation focuses on the practice and procedure for OSHA investigations.

SCHEDULE CHANGE: This session has moved to 1:00 PM Friday.

William Jackson Wisdom Jr., Martin, Disiere, Jefferson & Wisdom, L.L.P. - Houston, TX
5:20 pm

Adjourn

SCHEDULE CHANGE: The program will now ADJOURN at 5:35 PM.

Time

Credit

Subject

Speaker
Friday Morning, Sep. 23, 2011
Presiding Officer:
John W. Nassen, Ford Nassen & Baldwin P.C. - Dallas, TX
8:00 am

Conference Room Opens

Includes continental breakfast.
8:30 am

1.00 hr
0.50 hr ethics

Construction Litigation: Identifying the Players and Pressure Points with an Eye Towards the End Game

Panelists identify and analyze the factors that can assist or detract the parties as they move a case towards judgment or settlement, with a special focus on strategies that keep the end game in focus.

Moderator:
Cathy Lilford Altman, Carrington, Coleman, Sloman & Blumenthal, L.L.P. - Dallas, TX
Panelists:
Lawrence T. Bowman, Cozen O'Connor - Dallas, TX
Panelists:
Mark L. Parisi, White and Williams LLP - Philadelphia, PA
Panelists:
Craig Michael Schumacher, Carpenter & Schumacher, P.C. - Plano, TX
9:30 am

0.67 hr
0.25 hr ethics

Allocating Liability and Damages in Multiparty Construction Litigation

A discussion of the complexities of multiparty construction litigation and practical strategies for dealing with those issues.

Matthew B. Cano, Allensworth and Porter, LLP - Austin, TX
Raymond Douglas Rees, Cooper & Scully, P.C. - Dallas, TX
10:10 am

Break
10:25 am

0.83 hr ethics

Electronic Discovery and Document Production in Construction Litigation: Costs, Ethics and Privilege Disputes

This panel discussion explores the growing role of electronic discovery in construction litigation, how we can make it work for us, and how we can make it more economical.

Moderator:
Jesse K. Shumway, Carrington, Coleman, Sloman & Blumenthal, L.L.P. - Dallas, TX
Panelists:
John W. Nassen, Ford Nassen & Baldwin P.C. - Dallas, TX
Panelists:
David W. Sandlin, Rimkus Consulting Group, Inc. - Houston, TX
11:15 am

0.50 hr

Top 10 Mistakes Litigators Make in Construction Arbitrations

A look at some of the most common mistakes that impact an arbitrator's understanding of your case and ways to avoid them.

Allison J. Snyder, Porter Hedges LLP - Houston, TX
11:45 am

Break to Pick Up Lunch

Included in conference registration fee.
Friday Afternoon, Sep. 23, 2011
Presiding Officer:
Dale E. Butler, Winstead PC - Fort Worth, TX
LUNCHEON PRESENTATION
12:00 pm

0.75 hr

Effective Use of Demonstrative Evidence in Construction Litigation

Construction cases present unique difficulties in the presentation of evidence. The need to simplify technical issues can only be accomplished through the use of compelling graphics and carefully placed visual strategies. This session addresses various types of demonstrative exhibits— from low-tech to high-tech—and the special considerations the use of such evidence requires.

Robert B. McCullough, McCullough & Associates - Dallas, TX
12:45 pm

Break
1:00 pm

0.75 hr

Green and Sustainable Building and LEED Certification: Best Drafting Practices to Define and Limit Liability

Understanding and addressing risks and liability unique to "green" construction projects is important. Learn valuable strategies for drafting and negotiating favorable contract terms for green LEED projects.

SCHEDULE CHANGE: This session has moved to 4:50 PM Thursday.

Commentator:
Dale E. Butler, Winstead PC - Fort Worth, TX
Jason Clay Spencer, Ford Nassen & Baldwin P.C. - Austin, TX
1:45 pm

0.42 hr

Intellectual Property Protection for Architectural Works and Other Designs

An overview of the nature and scope of intellectual property protection available to design professionals in the construction industry, including copyright, patent, trademark and trade dress.

SCHEDULE CHANGE: This session will now begin at 1:30 p.m. (Friday).

Henry "Hank" J. Fasthoff IV, Adams and Reese LLP - Houston, TX
2:10 pm

0.50 hr ethics

Mediation: What Works?

A seasoned mediator discusses the most effective, efficient and ethical tools utilized by attorneys during meditations.

SCHEDULE CHANGE: This session will now begin at 1:55 p.m. (Friday).

Corbet F. Bryant Jr., Mediator, Arbitrator and Attorney at Law - Richardson, TX
2:40 pm

Adjourn

SCHEDULE CHANGE: The program will now ADJOURN at 2:25 PM.

Day 1 September 22, 2011
Day 2 September 23, 2011

Download Schedule

Conference Faculty

Cathy Lilford Altman

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

Lawrence T. Bowman

Cozen O'Connor
Dallas, TX

Corbet F. Bryant Jr.

Mediator, Arbitrator and Attorney at Law
Richardson, TX

Dale E. Butler

Winstead PC
Fort Worth, TX

Matthew B. Cano

Allensworth and Porter, LLP
Austin, TX

C. A. (Joe) Davis

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

Ian P. Faria

Coats, Rose, Yale, Ryman & Lee, P.C.
Houston, TX

Henry "Hank" J. Fasthoff IV

Adams and Reese LLP
Houston, TX

Jeff Fritts

Willis Group Holdings
Addison, TX

Giselle Finne Gafford

Gardere Wynne Sewell LLP
Dallas, TX

Anthony J. Gonzales

Spire Consulting Group, LLC
Austin, TX

Cynthia A. Holub

Porter & Hedges, LLP
Houston, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Eileen Jenkins

United States Liability Insurance Group
Wayne, PA

Tonya Powers Johannsen

The Beck Group
Dallas, TX

Cara Doak Kennemer

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

David Mason Kleiman

Kleiman Lawrence Baskind Fitzgerald LLP
Dallas, TX

Brett Dosher Lamb

Gardere Wynne Sewell LLP
Dallas, TX

Robert B. McCullough

McCullough & Associates
Dallas, TX

Jo Ann Merica

Sedgwick LLP
Austin, TX

John W. Nassen

Ford Nassen & Baldwin P.C.
Dallas, TX

Curtis James Osterloh

Scott Douglass & McConnico
Austin, TX

Mark L. Parisi

White and Williams LLP
Philadelphia, PA

Paul Primavera

Lockton Companies, LLC
Washington, DC

Raymond Douglas Rees

Cooper & Scully, P.C.
Dallas, TX

David W. Sandlin

Rimkus Consulting Group, Inc.
Houston, TX

Richard E. Schellhammer

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

Craig Michael Schumacher

Carpenter & Schumacher, P.C.
Plano, TX

Jesse K. Shumway

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

John David Smart

Winstead PC
Dallas, TX

Allison J. Snyder

Porter Hedges LLP
Houston, TX

Jason Clay Spencer

Ford Nassen & Baldwin P.C.
Austin, TX

Gerald L. Stovall

Hall, Render, Killian, Heath & Lyman, P.C.
Louisville, KY

Thomas John Turner

Cain & Skarnulis LLP
Austin, TX

Kirk Watson

Texas State Senate, District 14
Austin, TX

William Jackson Wisdom Jr.

Martin, Disiere, Jefferson & Wisdom, L.L.P.
Houston, TX

Planning Committee

M. Gavin McGee—Co-Chair

Attorney at Law
Bellaire, TX

Mark McGivern—Co-Chair

CCA, LLC
Austin, TX and Bedford , MA

John W. Nassen—Co-Chair

Ford Nassen & Baldwin P.C.
Dallas, TX

Cathy Lilford Altman

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

Robert C. Anderson

Rimkus Consulting Group, Inc.
San Antonio, TX

Dale E. Butler

Winstead PC
Fort Worth, TX

Charles J. Cain

Cain & Skarnulis LLP
Austin, TX

Clayton C. Cannon

Adams and Reese LLP
Houston, TX

William J. Chriss

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

Daniel K. Craddock

Craddock Massey, LLP
Austin, TX

C. A. (Joe) Davis

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

Michael J. Esposito

University of Texas School of Law
Austin, TX

Anthony J. Gonzales

Spire Consulting Group, LLC
Austin, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Steven E. Kennedy

McGuire, Craddock & Strother, P.C.
Dallas, TX

Michael Dean Moody

Craddock Massey, LLP
Austin, TX

Richard E. Schellhammer

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

Anne P. Stark

The Law Office of Anne P. Stark
Dallas, TX

Credit Info

Dallas

MCLE Credit

Texas – 13.25 hrs | 2.00 hrs Ethics
Legal Specialization(s): Consumer and Commercial Law, 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 – 13.25 hrs | 2.00 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 – 15.50 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.

Key Dates

Dallas – Sep 22-23, 2011 – Belo Mansion

Conference Concluded

Buy

Dallas

Standard Registration
Last day for $470.00 Regular pricing: Sep 16, 2011

$520.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $465.00 Regular pricing: Sep 16, 2011

$515.00 for registrations received after this time

Last day for cancellation (full refund): Sep 16, 2011

$50 processing fee applied after this date

Last day for cancellation: Sep 19, 2011

Venue

Belo Mansion

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

Self-Parking: Dallas Bar members $4 per day; Non-Dallas Bar members $10 per day

Our Sponsors

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

Brown McCarroll

Brown McCarroll
Carrington Coleman Sloman & Blumenthal

Carrington Coleman Sloman & Blumenthal

Carrington Coleman represents a broad range of clients, from local companies and individuals to large national and international corporations. The Firm's core practice strengths focus on complex litigation, corporate insolvency and restructuring, officer & director litigation and investigations, sophisticated business and real estate transactional matters, malpractice defense, and employment law. Now led by partners Steve Goodwin and Mike Sutherland, the Corporate Restructuring and Bankruptcy Practice Group has focused on working with creditors and debtors in complex restructurings, liquidations, and out-of-court resolutions for almost four decades. www.ccsb.com www.ccsb.com/
CCA, LLC

CCA, LLC
Nautilus Consulting, LLC

Nautilus Consulting, LLC

www.nautcon.com/
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/index.html
Rimkus Consulting Group, Inc.

Rimkus Consulting Group, Inc.
Spire Consulting Group, LLC

Spire Consulting Group, LLC

www.spireconsultinggroup.com/

2011

Construction Law

Dallas Sep 22-23, 2011 Belo Mansion Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Sep. 22, 2011

Thursday Afternoon, Sep. 22, 2011

Friday Morning, Sep. 23, 2011

Friday Afternoon, Sep. 23, 2011

Conference Faculty

Cathy Lilford Altman

Lawrence T. Bowman

Corbet F. Bryant Jr.

Dale E. Butler

Matthew B. Cano

C. A. (Joe) Davis

Ian P. Faria

Henry "Hank" J. Fasthoff IV

Jeff Fritts

Giselle Finne Gafford

Anthony J. Gonzales

Cynthia A. Holub

Michael W. Huddleston

Eileen Jenkins

Tonya Powers Johannsen

Cara Doak Kennemer

David Mason Kleiman

Brett Dosher Lamb

Robert B. McCullough

Jo Ann Merica

John W. Nassen

Curtis James Osterloh

Mark L. Parisi

Paul Primavera

Raymond Douglas Rees

David W. Sandlin

Richard E. Schellhammer

Craig Michael Schumacher

Jesse K. Shumway

John David Smart

Allison J. Snyder

Jason Clay Spencer

Gerald L. Stovall

Thomas John Turner

Kirk Watson

William Jackson Wisdom Jr.

Planning Committee

M. Gavin McGee—Co-Chair

Mark McGivern—Co-Chair

John W. Nassen—Co-Chair

Cathy Lilford Altman

Robert C. Anderson

Dale E. Butler

Charles J. Cain

Clayton C. Cannon

William J. Chriss

Daniel K. Craddock

C. A. (Joe) Davis

Michael J. Esposito

Anthony J. Gonzales

Michael W. Huddleston

Steven E. Kennedy

Michael Dean Moody

Richard E. Schellhammer

Anne P. Stark

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Belo Mansion

Parking Information

Our Sponsors

Brown McCarroll

Carrington Coleman Sloman & Blumenthal

CCA, LLC

Nautilus Consulting, LLC

Rimkus Consulting Group, Inc.

Dallas Sep 22-23, 2011 Belo Mansion
Conference Concluded