Construction Law

TX Specific

Texas Construction Law: Advanced Issues and Answers

Credits Available
Credit Status Total
Texas CLE Approved 6 Total
OnDemand
5 hours 47 minutes
Blake Wilson
Gabriella Oxford
Jade Misenhimer
Holton Westbrook
Abigail Chacón
With Blake Wilson from Winstead PC + 4 others
Recorded July 24, 2025
Product ID 100404

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Overview

An Advanced-Level Guide to Complex Construction Law Issues

On any construction project, seemingly simple issues can quickly become complex if not handled correctly. That's why it's essential to have an in-depth understanding of critical construction project legal matters that have the potential to cause severe headaches for your clients. In this advanced level online seminar, our experienced faculty will share their decades of construction law experience and will provide you with valuable tools you can use to help your clients through change order disasters, project delay disagreements, construction defect disputes, and more. Provide your clients with the best representation possible by expanding your knowledge of complicated construction project issues - register today!

  • Anticipate which construction contract provisions will cause difficulties down the road in order to negotiate them in your client's favor.
  • Disentangle complex change order payment matters that arise from oral change orders, additional work, and more.
  • Confidently determine which construction project delays are compensable and which are non-compensable.
  • Factor in current court interpretations and state anti-indemnity statutes when wading into a construction indemnity dispute.
  • Analyze CGL policy insurance documents to accurately determine who is actually covered under the policy.
  • Get to the bottom of construction defect CGL policy coverage issues such as business risk exclusions and proving defective coverage is an occurrence.
  • Ensure interactions with unrepresented parties during construction disputes are ethically responsible.

Abbreviated Agenda

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points
  2. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?
  3. Determining Responsibility and Remedy for Delays
  4. Change Orders and Extra Work - Payment Issues Disentangled
  5. Determining Who is Insured Under Commercial General Liability Policies
  6. Coverage for Construction Defects Under CGL Policies
  7. Negotiating Damages in Construction Disputes
  8. Ethics for Construction Attorneys

Related Topics

Product ID 100404

Credit Details

Credits Available
Credit Status Total
Texas CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points

    1. Payment Clauses
    2. Pass-Through Clauses
    3. No Damage for Delay Clauses
    4. Performance and Timing Clauses
    5. Project Termination Clauses
    6. Liquidated Damages Clauses

  2. Indemnification Disputes - What is the Scope and Meaning of the Contractual Clause?

    1. Types of Indemnity Clauses
    2. Detecting Illegal and Unenforceable Language
    3. How Courts Construe Indemnity Clauses
    4. Factoring in State Anti-Indemnification Statutes
    5. Determining Duty to Defend

  3. Determining Responsibility and Remedy for Delays

    1. Excusable vs. Inexcusable Delays
    2. Compensable vs. Non-Compensable Delays
    3. Untangling Concurrent Delays
    4. Necessary Documentation
    5. Drafting a Recovery Schedule
    6. Applying a Waiver or "No Damage for Delay" Clause

  4. Change Orders and Extra Work - Payment Issues Disentangled

    1. Real vs. Perceived Changes
    2. Undocumented Oral Change Orders
    3. Changes Due to Defective Plans and Specifications
    4. Previously Unknown Site Conditions
    5. Additional, Unauthorized, or Non-Conforming Work
    6. Change by Outside Forces: Market Shifts, Zoning Issues, etc.
    7. Change Order Impact Costs

  5. Determining Who is Insured Under Commercial General Liability Policies

    1. The Certificate of Insurance
    2. The General Contractor as a Subcontractor's Additional Insured
    3. The General Contractor as an Additional Insured on the Duty to Defend
    4. The Most Common Additional Insured Endorsements

  6. Coverage for Construction Defects Under CGL Policies

    1. Treating Defective Construction as an Occurrence
    2. Business Risk Exclusions and Subcontractor Exception Removal
    3. Avoiding the Known Risk Provision
    4. Voluntary Remediation and the "Legally Obligated" Requirement
    5. The Total Pollution Exclusion - How Total is it?

  7. Negotiating Damages in Construction Disputes

    1. Distinguishing Direct and Consequential Damages
    2. Calculating Acceleration Damages
    3. Reducing Damages by Claiming Betterment
    4. Non-Monetary Remedies to a Construction Dispute
    5. Preserving Business Relationships While Negotiating Damages

  8. Ethics for Construction Attorneys

    1. Client Authority
    2. Contractual Claims for Attorneys' Fees/Expenses
    3. Dealing With Unrepresented Persons
    4. Ethical Concerns as "Attorney for the Project"

Who Should Attend

This advanced level online seminar on complex construction law issues is for:

  • Attorneys
  • Architects
  • Construction Professionals
  • Engineers
  • Insurance Professionals
  • Real Estate Developers
  • Paralegals

Speakers

Blake Wilson
Blake
Wilson
Winstead PC
Gabriella Oxford
Gabriella
Oxford
Gray Reed
Jade A Misenhimer
Jade A.
Misenhimer
Cokinos | Young
Holton L Westbrook
Holton L.
Westbrook
Cokinos | Young
Abigail Chacón
Abigail
Chacón
Cokinos | Young
Speaker bio
Blake Wilson

Blake Wilson

Winstead PC
Blake Wilson

is a shareholder at Winstead PC. His forte lies in navigating complex construction and business disputes, whether that be through mediation, litigation, or otherwise. Mr. Wilson has extensive experience litigating matters in both state and federal court, as well as arbitration and administrative proceedings, and has achieved successful outcomes for clients at all stages of litigation, including early pre-trial stages and up through trial and appeal. His experience includes representing both public and private entities in commercial construction and real estate disputes involving land and subdivision development, multi-family projects, government buildings and developments, high-rise commercial and condominium developments, hotels, and industrial warehouse and facilities projects. Mr. Wilson has established himself as an accomplished litigator of a wide variety of claims and issues, including construction defects, schedule delay claims, payment and accounting issues, governmental compliance and public procurement concerns, employee injury investigations, and numerous other breach of contract and tort claims. He earned his B.S. degree from Texas A&M University and his J.D. degree from Baylor Law School.

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Speaker bio
Gabriella Oxford

Gabriella Oxford

Gray Reed
Gabriella Oxford

is an attorney at Gray Reed. She focuses her practice on resolving complex commercial disputes. With particular experience in the energy and construction industries, she has experience handling litigation related to a wide variety of matters for commercial and industrial projects, including matters related to the construction of natural gas pipelines and compressor stations, residential and multifamily projects, and frac-sand-mining facilities. In addition, Ms. Oxford has extensive experience with construction defect cases, partnership disputes, and advising owners, developers, and contractors on major infrastructure projects, including PPP projects. Her experience includes an array of environmental regulatory, commercial litigation and debtor-creditor rights issues. Ms. Oxford also has experience working for and representing governmental entities, including navigation districts in disputes relating to land and water rights issues. She earned her B.S. degree from The University of Texas at Austin and her J.D. degree from The University of Texas School of Law.

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Speaker bio
Jade A Misenhimer

Jade A. Misenhimer

Cokinos | Young
Jade Misenhimer

is an attorney at Cokinos | Young. She has experience analyzing complex commercial construction defect issues, as well as both prosecuting and defending residential construction defect claims. She has had great success in settling nonpayment disputes and works diligently to get clients efficient results. She graduated, cum laude, from St. Mary's University School of Law. During law school, she served as an Associate Editor for The Scholar: St. Mary's Law Review on Race and Social Justice, in which she was also published.

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Speaker bio
Holton L Westbrook

Holton L. Westbrook

Cokinos | Young
Holton Westbrook

is an attorney at Cokinos | Young. He has experience assisting individuals and businesses in a wide range of matters, including commercial litigation, construction claims, employment matters, oil and gas litigation, insurance defense, and fiduciary litigation. Mr. Westbrook's state and federal court experience spans across multiple states, including Texas, New Mexico, and Oklahoma. He grew up in a small town outside of Fort Worth, Texas before attending Texas Tech University. While in school, Mr. Westbrook played an active role in several organizations, including the Texas Tech Administrative Law Journal and Student Government Association. While in school, he served as a law clerk for multiple district court judges. Mr. Westbrook earned his B.S degree from Texas Tech University and his J.D degree from Texas Tech University School of Law.

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Speaker bio
Abigail Chacón

Abigail Chacón

Cokinos | Young
Abigail Chacón

is an attorney at Cokinos | Young. She has defended general contractors and subcontractors involving construction defect matters throughout central and south Texas. Ms. Chacon has also represented defendants regarding commercial disputes, personal injury, premises liability, and product liability matters. She is experienced in all aspects of litigation in federal and state courts and arbitration. In her career, Ms. Chacon has gained extensive courtroom experience and successfully briefed, argued motions, and handled depositions and trial preparation. She earned her B.A. degree from University of Texas at Austin and her J.D. degree from Michigan State University College of Law.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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