HalfMoon Education Inc. Knowledge Gets You There

Presenter: Paul D. Barkhurst, Jr. and 5 more

Recording Date:

Recording Location: San Antonio, TX

Type: CD/Manual Package

Product Code: 13433

Product Number: 15H TXCCWKSP 5 28 CDMN

State-Specific Continuing Education Info:

Description:

This audio recording is approximately 8 hours in length and is available for $279 (including shipping). Allow five weeks from the seminar date for delivery. Please refer to specific state licensing rules or certification requirements to determine if this learning method is eligible for continuing education credit.

How to Use

HalfMoon will mail you these materials via USPS. Please allow 5 weeks from the date of purchase to receive your product. If the live seminar is in the future, please allow 5 weeks from the date of the live seminar.

The CD/Manual package includes an audio recording of a live seminar on CDs, along with a bound copy of the manual that was distributed at the seminar. The manual contains written materials prepared by the seminar speaker(s).

The CDs contain embedded number codes, which you are required to document and return to HalfMoon if you wish to obtain a certificate of completion for the program. The acceptance of self-administered continuing education activities vary widely between states and professions. Before undertaking any self-study effort, you should review the rules of your licensing/certifying entity.

HalfMoon Education guarantees its products. The self-study products are recorded from a live seminar and there are circumstances where an audio recording is not available. HalfMoon will contact you and issue a full refund if the product you ordered is not available. If you are not happy with a product you receive, you can return the product for a full refund. However, refunds will not be issued if completion certificates are requested.

Agenda:

Registration:                    8:00 - 8:30 am

Morning Session:             8:30 am - 12:30 pm

Lunch (On your own):       12:30 - 1:30 pm

Afternoon Session:           1:30 - 5:30 pm


Understanding Construction Contract Essentials           W. Sommers

   Examining contract terminology: Parties, consideration, term, performance,
      substantial performance, breach, remedies, damages

   Understanding types of construction contracts:

      • Payment method

      • Award and selection

      • Project delivery system

      • Number of primes

      • Legal description

   Studying roles and relationships of project participants:

      •  Owners, architects/engineers, contractors, subs and suppliers

      • Traditional project delivery

      • Design-build

      • Construction manager at risk

   Exploring the law of construction contract interpretation


Managing Risks Before, During, and After Contracting            D. Benjamin

   Examination of risk assessment of clients and projects

   Review of critical provisions you need and those you need to avoid


Reviewing Contract Documents           C. McMillan

   Agreement

   Performance bond

   Payment bond

   Contract conditions (general and supplementary)

   Specifications (Format, CSI 1995 and 2004)

   Shop drawings

   Contract modifications (change orders, directives, etc.)


Understanding Issues in Contract Administration           J. Hinojosa

   Insurance and indemnity issues

   Chain of command issues

   Subcontracts

   Payments

   Liquidated damages

   Enforcement of general contractor’s obligations

   Substantial and final completion

   Breach and pitfalls


Examining Legal Issues and Disputes           P. Barkhurst Jr.

   Changed conditions

   Project documentation

   Delays, acceleration

   Handling payment claims and final payments

   Resolving disputes through mediation, arbitration, litigation

   Understanding contractual and statutory warranties


Recognizing and Handling Ethical Issues             R. Boothin

   Construction Contracting

   Ethical practice during the bidding process

   Recognizing the potential for bribery, kickbacks and gratuities

   Avoiding conflicts of interest

   Preventing false claims

Speakers:

Paul D. Barkhurst, Jr.

Barkhurst and Hinojosa, P.C., San Antonio
Mr. Barkhurst has extensive litigation experience in business and real estate disputes. He has developed a special concentration in the area of eminent domain, representing governmental entities as well as landowners in numerous lawsuits. He has successfully represented numerous owners in ranch power line takings. Mr. Barkhurst also represents governmental entities in construction disputes, and has represented contractors and subcontractors in private disputes. He also has extensive experience handling complex business dissolution and injunction cases. Mr. Barkhurst has a B.A. degree, with honors, from Southwest Texas State University and a J.D. degree, magna cum laude, from Texas Tech University, and he is a former USAF Captain and F-111 Aviator.

David P. Benjamin

After receiving his BBA degree from the University of Texas in 1984, Mr. Benjamin attended law school at Southern Methodist University and received his JD degree in 1987. He was admitted to the Texas Bar in 1987 and is admitted to practice in the US District Courts for the Western and Southern Districts of Texas, the Fifth Circuit Court of Appeals and the US Supreme Court. Mr. Benjamin is a member of the American Bar Association, the State Bar of Texas, the San Antonio Bar Association, the Defense Research Institute, and the Texas Bar Foundation (Fellow). He regularly presents seminars and continuing education to professional associations, industry organizations, clients and attorneys. Mr. Benjamin is AV® Preeminent™ Peer Review Rated in Martindale-Hubbell®.

Robert Booth

Partner with Mills Shirley L.L.P., Galveston, TX
Mr. Booth is a partner at Mills Shirley LLP providing legal services to individuals, companies and local governments regarding compliance or disputes involving breach of contract, commercial and residential construction, premises liability, professional negligence, employment, real-property, property tax, maritime, residential tenancy, and personal injury. Although Mr. Booth represents clients across the state, he primarily practices in Houston, Galveston and the surrounding counties. Mr. Booth currently serves as a member of the Board of Directors for Texas Association of Defense Counsel, a statewide organization of civil defense trial lawyers. He served two terms as the elected representative for Galveston, Brazoria and Fort Bend county lawyers to the board of the Texas Young Lawyers Association, a division of the State Bar of Texas.

Joe R. Hinojosa

Mr. Hinojosa began his legal career with the Oppenheimer, Blend, Harrison & Tate, Inc. in the fall of 1998 as a corporate attorney. In 1999, he joined Oppenheimer’s Litigation Practice Group. From 1999 to 2010, Mr. Hinojosa handled consumer and commercial claims on behalf of corporations, partnerships and other business entities. He handled construction, condemnation, landlord/tenant and real estate related litigation for private companies as well as public agencies and entities. In February of 2010, he and Paul D. Barkhurst Jr., established the law firm of Barkhurst & Hinojosa, P.C. which concentrates in the areas of civil litigation with a focus on Condemnation, construction, real estate, business, estate/trust disputes and appeals. Over the years he has represented a variety of clients with respect to construction contract matters including owners, general contractors, sub-contractors, and suppliers.

Chris McMillan

Attorney, Benjamin, Vana, Martinez & Biggs, LLP

Mr. McMillan’s broad interdisciplinary construction practice spans all major industry segments including civil, architectural, structural and MEP design, construction defects, contract and payment disputes, and schedule disputes for owners, contractors, suppliers and design professionals. Mr. McMillan holds a B.S. degree in Construction Science from Texas A&M. He went on to work as a project manager for a commercial general contractor in Austin before attending St. Mary’s University School of Law. He graduated from St. Mary’s cum laude and is a LEED AP. Mr. McMillan practices law in both San Antonio and Austin, is a member of the Construction Law Section of both the San Antonio Bar Association and Austin Bar Association, and is a member of the Austin Young Lawyers Association.

William W. Sommers

Mr. Sommers has an extensive practice in construction and commercial law. He has been associated with Gardner Law (formerly Gardner & Ferguson) since January 1976, and has been a principal since 1978. He represents clients in complex multi-party construction disputes regarding non-performance or defective performance, delay and impact claims and design omissions or defects, and other matters. He has handled disputes in both State and Federal Courts, including the United States Claims Court, and before arbitration panels. He is a frequent speaker at construction law seminars and conferences.