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: 13645

Product Number: 15H TXCONLAW 9 25 CDMN

State-Specific Continuing Education Info:


This audio recording is approximately 7 hours in length and is available for $279 (including shipping). 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.


Registration:                    8:00 - 8:30 am

Morning Session:             8:30 am - 12:15 pm

Lunch (On your own):       12:15 - 1:15 pm

Afternoon Session:           1:15 - 4:30 pm

The Construction Contract: Managing Risk Before, During and After Contracting           C. McMillan

   Keys to contracting

   Risk assessment of the client, the project team and the type of project

   Critical provisions; those you need and those to avoid

   Limiting liability


   Getting help

   The Texas Supreme Court and your construction contract

LEED and Litigation: An Introduction to LEED and                     M. Stroope
Green Building Principles and How to Manage Risks While Building Green

   LEED rating systems and guidelines

   Sources of litigation

   Green building contract clauses – what should you be concerned about

Accessibility Review and Update         P. Grojean

   Federal standards

      • 2010 federal ADA standards for accessible design

      • Fair Housing Act accessibility guidelines

   Texas architectural barriers law and Texas accessibility standards

Making Changes and Resolving Disputes During the Construction Process            W. Sommers

   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

   Resolving disputes during the construction process

      • Site conditions

      • Delays

      • Disruption

      • Acceleration


Identifying and Resolving Ethical Issues in Construction        R. Booth

   Determining qualifications and competence of participants

   Preventing conflicts of interest and the appearance of impropriety

   Identifying ethical issues in bid practices

   Handling ethical issues created by constructive and ordered changes

   Handling ethical issues created by payments, liens and lien waivers

Protecting the Owner and the Project: Insurance and Bonding Issues in Construction         P. Barkhurst

   Types of construction bonds

      • Performance

      • Payment

      • Alternatives to bonds

   Types of insurance

      • Commercial general liability insurance

      • Builder’s risk insurance

      • Errors and omissions insurance

      • Additional/alternative insurance

   Claims and notice issues


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.

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.

Peter Grojean

Mr. Grojean holds a B.S. degree from Virginia Military Institute. He has been an owner of Accessibility Unlimited and a licensed registered accessibility specialist since 1991. He is a recognized authority on the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). He is a frequent speaker to professional and trade organizations on the subject of accessibility. He has provided professional advice and technical consulting to a wide range of private and public clients. He assists individual architects, interior designers and engineers in designing projects that will comply with both the ADAAG and TAS. As a past member (1998 – 2006) of the Governor’s Committee on People with Disabilities, Mr. Grojean played a proactive role in legislative changes affecting plan reviews, inspections and the Texas Department of Licensing and Regulation procedures, in an effort to simplify and streamline the requirements of complying with the Architectural Barriers Act.

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.

Marc A. Stroope

Mr. Stroope holds a B.S. degree in Zoology from Texas Tech University. He worked as an analytical chemist in Lubbock before attending St. Mary’s University School of Law. Mr. Stroope represents clients in complex multi-party construction disputes regarding non-performance or defective performance, delay and impact claims, design omissions or defects, and other matters. Mr. Stroope is a LEED Green Associate and serves on the Board of Directors for the U.S. Green Building Council Central Texas – Balcones Chapter. He is active with the State Bar of Texas, serving as the Construction Contracts Subcommittee chair of the State Bar Committee on Pattern Jury Charges-Business, Consumer, Insurance, and Employment.