5th Annual Construction SymposiumThe 5th Annual Construction Symposium is full and registration is now closed. We apologize for the inconvenience.
Please consider joining us for our 17th Annual Insurance Symposium on Friday, April 23, 2010. Click here to register.
The 5th Annual Construction Symposium is designed to educate the attendant on a broad array of issues affecting construction and construction defect claims and the litigation and handling of those claims. The course will educate the attendant on liability issues, standards, statutes and case law pertaining to those issues. The course will also address risk transfer, insurance and coverage issues with respect to such claims, and other issues affecting construction claims as well as trends in the construction industry. Additionally, the attendant will be brought up to date on recent case law with respect to construction claims.
January 29, 2010
8:00a.m. - 8:50a.m. – Registration
8:50a.m. – 3:15p.m. – Presentation
3:15p.m. – 3:30p.m. – Closing Remarks/Sign-Out
Cityplace Conference Center
J.C. Thompson Center
2711 North Haskell, Suite 100
Dallas, TX 75204
Click for Directions
TDI CE: Provider #32551
This course has been certified for insurance licensee continuing education by the Texas Department of Insurance in the amount of 4.5 general credit hours and 0.5 ethics credit hours. Cooper & Scully, P.C. is a Texas Department of Insurance registered provider.
This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 4.5 hours, of which 0.5 credit hours will apply to legal ethics/professional responsibility credit.
Recent Developments in Arbitration
Tara L. Sohlman
The use of arbitration and enforcement of arbitration clauses has been discussed and debated in both the Legislature and the courts recently. This topic will discuss recent legislation and case law affecting arbitration and some of the trends in and effects of engaging in arbitration of construction disputes.
Duty to Indemnify
R. Brent Cooper & Mike Huddleston
This panel discussion will deal with coverage for construction defect claims and particularly with the duty to defend such claims in the aftermath of Don’s Building and the change in the law regarding trigger of coverage. The issues that are involved in the assessment and litigation of the duty to defend, the use of extrinsic evidence, and other challenges in determining the duty will be discussed. The panel will also discuss the recent Markel decision and the differences between the duty to defend and the duty to indemnify, how either one can exist without the other, and the impact that this decision may have on the litigation of coverage for construction defect claims.
The End of the TRCC and Other Changes in Statutes Affecting Construction Disputes
Jana S. Reist
This presentation will discuss recent developments with respect to statutes that affect the litigation of residential construction defect claims, including the end of the Texas Residential Construction Commission (“TRCC”), recent developments under the Residential Construction Liability Act (“RCLA”), statutes of limitation and statutes of repose, and other statutes effecting construction claims.
Contracting With Governmental Entities
Construction work for governmental entities has always presented challenges and with the economic stimulus package and other initiatives the amount of governmental work has increased significantly. This presentation will address issues involved in contracting with and performing work for governmental entities, requirements that are unique to performing such work, and challenges presented when contracting to work for governmental entities.
Certificates of Merit
This topic will address the Certificates of Merit statute, Chapter 150 of the Texas Civil Practices & Remedies Code, including recent changes in the statute, interpretations of the statute and recent caselaw, and the impact on claims against design professionals.
Certificates of Insurance and Other Representations Regarding Insurance
This presentation will address the representations that are often made in certificates of insurance and elsewhere regarding coverage for contractors and subcontractors, including additional insured coverage, and the law pertaining to such representations. The topic will address representations and misrepresentations in certificates of insurance, the liability of agents and other insurance representatives in making such representations, and other related issues.
Construction Accidents and the Right of Control
This presentation will discuss recent developments in the law concerning construction accidents, including the right of control and the exercise of control over the work, and recent case law discussing and interpreting the liability standards for such claims and the impact of OSHA and other statutory regulations on such claims.
Third Party Practice
R. Douglas Rees
This presentation will address current issues and trends in third party practice involving construction defect claims, including the law governing such claims and strategical considerations involved in pursuing such claims.
Dana Harbin & Tarron Gartner
This panel discussion will discuss the manner in which risk transfer may be contractually accomplished through both indemnity provisions and additional insurance. The panel will discuss recent developments and case law with respect to indemnity provisions and the express negligence doctrine as well as the interpretation and enforcement of additional insured provisions and the scope of coverage available under such provisions.