Legal Issues for Texas Civil Engineers Seminar Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 5:15 pm
Handling Ethical Issues in Civil Engineering Practice
B. Wheatley
Promoting health and welfare vs. managing risk:
complementary or conflicting duties?
Protecting the environment: meeting or exceeding legal requirements
Watching the bottom line: identifying and balancing economic
pressures in design and construction
Integrating new technologies: identifying and balancing the benefits and risks
Understanding Federal and State Rules
on Stormwater Management
B. Wheatley
Federal statutes and regulations
• National Pollutant Discharge Elimination System (NPDES) requirements
State regulations and enforcement
• Texas Department of Environmental Quality
Local requirements and procedures Permits and permitting process
Components of Stormwater Pollution Prevention Plans (SWPPPs)
Special waters and impaired waters
Eminent Domain and Condemnation Law
C. Clough/C. Oddo
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Participating in the condemnation process
Appealing a condemnation decision
Understanding regulatory “takings” and inverse condemnation
Overview of Contract Law
A. Richie
Reviewing standard forms of agreement
Understanding contract documents and formation
Determining scope of services and changes
Specifying risk allocation provisions
Handling problems with contract performance
Civil Engineering Liability
H. Beam
Understanding civil engineer’s duties and obligations
Reviewing common professional liability causes of action:
• Breach of contract, negligence, strict liability, fraud, misrepresentation
Identifying to whom the engineer owes a duty
Complying with the standard of care Reviewing common defenses to liability
Participating in the liability claims process and in liability litigation
Implementing strategies to minimize professional liability claims
Water Rights and Regulation
B. Mathews
Understanding the basics of Texas water law
• Water rights and disputes
• Regulation of water quality
Reviewing regulations and procedures impacting construction
Credits
Civil Engineers
7.0 PDHs (1.0 Ethics Hour)
Continuing Education Credit Information
This seminar is open to the public and offers 7.0 PDHs, including 1.0 ethics hour, to civil engineers in Texas. Educators and courses are not subject to pre-approval in Texas.
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
Heather Beam
Thompson CoeSenior Attorney with Thompson Coe, Austin
Ms. Beam practiced in North Carolina for seven years prior to moving to Texas. Her practice focuses on civil litigation in multiple areas, including construction law, professional liability, personal injury and medical malpractice. Ms. Beam has successfully represented general contractors, subcontractors, design professionals and medical professionals in complex litigation in both state and federal court. She also has experience negotiating claims in order to help her clients avoid litigation.
Christopher Clough
Barron, Adler, Clough & Oddo, L.L.P.Partner at Barron, Adler, Clough & Oddo L.L.P.
Mr. Clough is a partner with Barron, Adler, Clough and Oddo, L.L.P., the largest eminent domain only firm in the state focused solely on representing landowners under threat of condemnation. Mr. Clough joined the firm in 2008 and focuses exclusively on eminent domain law and inverse condemnation matters. He currently serves as lead condemnation counsel in Texas for numerous major institutional clients and national publicly traded companies. Mr. Clough is a graduate of Columbia University with honors and the University of Texas, School of Law with honors.
Benjamin D. Mathews
Benjamin D. Mathews is an attorney at Mathews & Freeland, LLP in Austin. Mr. Mathews practices in the areas of environmental, natural resources and public utility law. He serves a diverse mix of clients including municipalities, public utilities, land owners and home and ranch owners associations. Mr. Mathews’s representation involves both compliance counseling and litigation before state and federal administrative agencies, including the Texas Commission on Environmental Quality, Public Utility Commission of Texas, the United States Environmental Protection Agency and before State and federal courts.
Christopher Oddo
Barron, Adler, Clough & Oddo, L.L.P.Partner at Barron, Adler, Clough & Oddo L.L.P.
Mr. Oddo joined the firm in 2015 and focuses exclusively on eminent domain law and inverse condemnation matters. Prior to joining the firm, he served as an assistant attorney general for the State of Texas and was a partner with the law firm of McGinnis, Lochridge & Kilgore, L.L.P. where he served as chair of the firm’s Eminent Domain and Inverse Condemnation Practice Group. Mr. Oddo is a graduate of Texas A&M University and the University of Tulsa, College of Law.
Adam Richie
Munsch Hardt Kopf & Harr, Austin Mr. Richie is a shareholder in the construction and construction litigation sections of Munsch Hardt, and a frequent speaker to construction industry groups on construction law issues. Prior to becoming an attorney, Mr. Richie worked as a mechanical engineer and project manager at a prominent consulting engineering firm in Houston, Texas, and then after obtaining his law degree, as general counsel. He is also one of only a handful of attorneys in Texas credentialed as a licensed professional engineer and a LEED-accredited professional (AP). He has significant experience in drafting and negotiating complex design and construction contracts for all types of commercial projects, with a focus on evaluating insurance coverage issues. Mr. Richie has also successfully represented owners (public and private), general contractors, subcontractors, and design professionals in numerous lawsuits and disputes.
Benton Wheatley
Duane Morris, LLPPartner, Duane Morris, LLP
Mr. Wheatley practices in the area of construction law with a focus on construction, design and engineering disputes and transactions. His practice has included: complex delay; impact; defective design; defective construction or differing site conditions claims involving mediation, litigation or arbitration; and problem project workouts, including negotiating with sureties and owners. He also has experience with the drafting and negotiation of complex construction, design and engineering contracts and environmental issues concerning construction projects. Mr. Wheatley is certified in Construction Law by the State Bar of Texas Board of Legal Specialization. He is a graduate of the University of Oklahoma College of Law and the University of North Carolina at Chapel Hill.