Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 – 11:30 am

Lunch (On your own):         11:30 am – 12:30 pm

Afternoon Session:             12:30 – 4:45 pm

Improving the Project Outcome with Accurate and Effective Construction Contracting
J. Tolbert

   Understanding contract terminology
   Changes in work
   Indemnity
   Termination 
   Warranties
   Ownership of documents 
   Delays
   Differing site conditions 
   Dispute resolution
   UCC considerations 
   Contract types
   Subcontracts 
   Retainage
   Pay if paid 
   Substantial completion
   Progress payments 
   Final payment

Construction Contracting in Traditional and Alternative Project Delivery Systems: Finding the Framework That’s Right for the Owner and the Project
G. Harwell

   Legal rights/duties of entities under design and construction contracts:
      allocating the risk among owners, contractors, design services firms, subcontractors and suppliers
   Design-bid-build: entering into construction contracts and agreements in the traditional construction process
   Design-build: contractor-led, designer-led, joint venture
   Construction manager and construction manager-at-risk

Protecting the Owner and the Project: Insurance and Bonding Issues in Construction
D. Butler

   Types of construction bonds
      • Performance 
      • Payment
      • Alternatives to bonds
   Other types of bonds
   Types of insurance
      • Commercial general liability insurance
      • Builder’s risk insurance
      • Errors and omissions insurance
      • Additional/alternative insurance
   Controlled insurance programs
   Claims and notice issues

Making Changes and Resolving Disputes During the Construction Process
A. Piel

   Making changes to the contract and contracted work
      • The contract change clause
      • Types of changes: ordered and constructive changes
      • Requirements for making changes
      • Liability issues
   Solving problems during the construction process
      • Site conditions 
      • Delays
      • Disruption 
      • Acceleration 
      • Accidents

Handling Ethical Issues in Construction 
J. Gordon

   Avoiding ethical issues during the bidding process
   Gifts, favors and the appearance of impropriety
   Your duties to your employer, the project owner, and other project participants
   Adopting practices that minimize ethics issues

Credits

Professional Engineers
     6.5 PDHs (1.0 Ethics)

Architects
     6.5 HSW CEPHs/CE Hours
     6.5 AIA HSW Learning Units

Contractors
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public and offers 6.5 PDHs, including 1.0 ethics hour, to professional engineers and 6.5 HSW continuing education hours (CEPHs) to architects in Texas. Educators and courses are not subject to pre-approvalin Texas.

The American Institute of Architects has approved this event for 6.5 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the AIA/CES.

Texas architects and engineers with continuing education requirements in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.

This seminar offers a non-credit continuing education opportunity to contractors. It has not been approved by any state contractor licensing entity for continuing education approval.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Dale Butler

Butler Law Firm, P.C.

Butler Law Firm, P.C., Flower MoundMr. Butler is the owner of Butler Law Firm, PC. His practice primarily involves construction law and commercial litigation.Mr. Butler frequently represents owners, developers, contractors, and subcontractors in construction disputes. He is a LEED accredited professional, and his practice includes drafting design and construction contracts for commercial, multi-family, mixed-use, and public projects. Mr. Butler also has a blog called The Toolbox, which can be located at www.blftoolboxblog.com. He graduated from Abilene Christian University in 1985 with a degree in Human Communication, and received his J.D. degree from the University of Denver College of Law in 1994.

James Gordon

Gordon & Sykes, LLP

Gordon & Sykes, LLP, Fort WorthMr. Gordon is a civil trial lawyer with over 30 years of experience. His practice focuses on the resolution of business and construction disputes in cases involving breach of contract, delay, cost overruns, non-payment of subcontractors, and design problems. Mr. Gordon represents a spectrum of clients in trials and appeals in state and federal courts, and is a certified mediator. After graduating from the University of Texas School of Law, Mr. Gordon was licensed to practice law in the State of Texas in 1976. He is rated AV by Martindale-Hubbell® and is board certified in construction law and in civil trial law by the Texas Board of Legal Specialization.

Gregory Harwell

Slates Harwell, LLP

Slates Harwell, LLP, DallasMr. Harwell is a founding partner of Slates Harwell LLP, and he focuses his practice on representing general contractors, developers/owners, and volume homebuilders. He has practiced in the construction law specialty for over 25 years, working on project documents, risk management programs, and claims in arbitration and litigation. Mr. Harwell has prepared contracts and development agreements for commercial, industrial, retail, residential, and government projects across the United States and internationally. He is equally adept at handling claims that arise from construction projects, such as disputes involving thecountry’s largest ethanol plant in Nebraska, a DOE nuclear facility in Los Alamos, and various alternative energy projects.

Andrew Piel

Harrison Steck, P.C.

Harrison Steck, P.C., Fort WorthMr. Piel is a native of Arlington and Tarrant County and obtained his undergraduate and law degrees from the University of Texas at Austin. He began his legal career in 1997 as a prosecutor in the Tarrant County District Attorney’s Office, where he gained extensive jury trial experience. He then transitioned into civil litigation practice in 1999. Since then, he has handled a variety of complex litigation matters in the areas of construction law, lien law, contract law, real estate law, collections, and products liability, and he teaches classes in construction law. Mr. Piel has extensive experience in counseling businesses on legal questions related to their day-to-day operations and contractual relationships, and he has been trained as a mediator by the American Arbitration Association. He has been recognized byhis legal peers as a Texas Rising Star by Thomson Reuters in 2008, 2009, 2010, 2011, and 2012, and as a “Top Lawyer” by Fort Worth, Texas magazine in 2013 and 2014. Mr. Piel is a member of the State Bar of Texas, the Construction Law Section of the Texas Bar Association, and the Tarrant County Bar Association. He is vice-chair of the Construction Law Section of the Tarrant Bar. Mr. Piel has been active in his community as a former planning and zoning commissioner for the City of Arlington, a member of the Arlington ISD’s Capital Needs Steering Committee, and a member of the Board of the Arlington Chamber of Commerce. He serves as a member of the Governmental Relations Committee of the Arlington Chamber of Commerce, the Governmental Relations Committee of TEXO/AGC, and Arlington’s Comprehensive Plan Advisory Committee. Mr. Piel is also active in Tarrant County political affairs.

Joe D. Tolbert

Joe D. Tolbert is Director at Brackett & Ellis, P.C., in Fort Worth, Texas.
Mr. Tolbert has represented businesses and individuals for more than 32 years. He counsels clients on various business issues and has an active trial practice in commercial litigation and construction law. In addition, Mr. Tolbert is board certified in Construction Law by the Texas Board of Legal Specialization, a mark of excellence and a distinguishing accomplishment achieved by fewer than 150 practicing attorneys in Texas. Board-certified attorneys in Construction Law are specialists in transactions and relationships among contractors, subcontractors, suppliers, owners, architects, engineers, governmental entities, insurers, sureties and lenders regarding public and private development, design, and construction projects.