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November 12, 2007

THE TEN BIGGEST BLUNDERS IN ALL OF SCHOOL AND COLLEGE CONSTRUCTION AND WHAT YOU CAN DO TO AVOID THEM. presented by. Laura Sanders Fowler Attorney at Law T HE F OWLER L AW F IRM, PC. November 12, 2007. The Texas Association of Community Schools’

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November 12, 2007

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  1. THE TEN BIGGEST BLUNDERS IN ALL OF SCHOOL AND COLLEGE CONSTRUCTION AND WHAT YOU CAN DO TO AVOID THEM presented by Laura Sanders Fowler Attorney at Law THE FOWLER LAW FIRM, PC November 12, 2007 The Texas Association of Community Schools’ 5th Annual Practical Hands-On Facilities & Construction Community School Districts & Community Colleges Advice

  2. THE FOWLER LAW FIRM, PC 919 Congress Avenue Suite 1150 Austin, Texas 78701 Tel: 512-441-1411 Fax: 512-441-1410 www.thefowlerlawfirm.com

  3. MEET THE FOWLER LAW FIRM ATTORNEYS! Steve R. Campos Patricia M. Cofty Jack W. Cunningham Laura S. Fowler Robert Penn Fowler Malcolm Harris Robert S. Hoofman Tom J. O’Meara Manuel C. Rivera Teresa V. Harris

  4. ABOUT YOUR SPEAKER LAURA S. FOWLER THE FOWLER LAW FIRM, PC http://www.thefowlerlawfirm.com

  5. AND NOW FOR THE TEN BIGGEST BLUNDERS!

  6. BIG BLUNDER #1 • Q. When buying land, what sections of the Texas Open Meetings Act do some governing boards fail to use which results in unnecessary and premature disclosure of sensitive infor-mation to the public and the media about the price they are willing to pay? • Texas Government Code Section 551.072

  7. BIG BLUNDER #2 • Q. When selling land to build or expand a building project, what sections of the Texas Education Code do some school districts fail to comply with that renders the proposed sale unenforceable? • Texas Education Code Section 45.082 (b)

  8. BIG BLUNDER #3 • Q. When swapping land with abutting land owners, what do some political subdivisions fail to understand that causes them to violate criminal law? • Texas Local Government Code Section 272.001

  9. BIG BLUNDER #4 • Q. When getting ready to promote a new bond issue, what do school employees and trustees sometimes fail to understand that has subjected them to criminal penalties and fines from their local district attorney and the Texas Secretary of State? • Texas Election Code Section 255.001 • Be sure to read The Fowler Law Firm Newsletter of November 5, 2007 on this topic!

  10. BIG BLUNDER #5 • When two political subdivisions negotiate for a purchase or a program, what must each governmental unit do for their agreement to be binding and enforceable? • Texas Government Code Section 791.001 • More information on this issue is contained in The Fowler Law Firm Newsletter of October 11, 2007.

  11. BIG BLUNDER #6 • In selecting a team of school professionals to help with the construction program, what major mistake is often made in the way that consultants are hired and compensated? • A. Texas Government Code Section 2254.002 • You guessed it – see The Fowler Law Firm Newsletter of October 25, 2007.

  12. BIG BLUNDER #7 • What is the least expensive most important thing a school administrator should do before he decides on a builder and a construction delivery method? • Texas Education Code Sections 44.031-44.044

  13. MOST COMMON WAYS TO BUILD A PUBLIC SCHOOL BUILDING (Public School construction delivery methods)

  14. Competitive Sealed ProposalTexas Education Code §44.039 OWNER Design TeamArchitect Engineer Contractor

  15. Competitive Bidding (Lump Sum)Texas Education Code §44.040 OWNER Design TeamArchitect Engineer Contractor

  16. Construction Manager At RiskTexas Education Code §44.038 School District

  17. Construction Manager as AgentTexas Education Code §44.037 School District

  18. Design BuildTexas Education Code §44.036 School District Architect Engineer Contractor Design build firm includes all design professionals and contractors but must have considerable extra engineering independent of design build fee.

  19. PROJECT MANAGERS • CALL THEMSELVES MANY THINGS • DO NOT HAVE ANY STANDARD PRICING ARRANGEMENTS • ARE NOT LICENSED OR REGULATED BY ANY STATE OR FEDERAL AGENCY • HAVE NO STANDARD CONTRACTS • HAVE NO STANDARD INSURANCE AND SOMETIMES TENDER THE WRONG TYPE OF INSURANCE • ONLY HAVE A DUTY TO DO WHAT YOU CAREFULLY AND IN WRITING REQUIRE THEM TO DO

  20. WARNING Project managers sales and promotional promises sometimes do not match up at all to the written contracts they will ask you to sign. Some project managers attempt to sell their services bundled in a way that is unlawful under Texas Education Code §44.031 et seq. The Board of Trustees must make sure the services of a project manager are purchased correctly.

  21. CAN SCHOOL EMPLOYEES ACT AS CONSTRUCTION REPRESENTATIVES? • School employees who perform architectural or engineering or other services requiring licenses or certificates must obtain those licenses. • If the school employee makes a serious mistake there will be no outside professional to hold liable for the damage. • School employees acting as construction representatives can save a great deal of money but only if they are truly knowledgeable about the type of construction involved.

  22. WARNING You must choose the construction delivery method before you choose an actual contractor or construction firm Texas Education Code §44.035

  23. BIG BLUNDER #8 • What do school administrators fail to do when they are selecting contractors and other service providers that takes very little time and provides a huge amount of important information. • You can find valuable resources on The Fowler Law Firm Hard Card to help you navigate this complicated area.

  24. BIG BLUNDER #9 • When reviewing the submittals or responses of a contractor, what do some political subdivisions fail to require from the builder who will be constructing, renovating or demolishing that causes the political subdivision to lose its most important defenses to bodily injury claims asserted by the injured worker? • Texas Labor Code Section 406.096

  25. BIG BLUNDER #10 • What about Standard Form Agreements is standard? What can the school or college administrators do to make sure the agreements really do protect their rights as a building owner?

  26. BONUS QUESTION • What should school and college administrators and professionals in private firms do to make sure they get this sort of incredibly useful practical information each and every week?

  27. For a limited time only, those attending our pre-sentations will receive the deeply discounted price of $395.00.

  28. THE END THIS PRESENTATION IS DEDICATED TO THE TEXAS COMMUNITY SCHOOL DISTRICT & COMMUNITY COLLEGE DISTRICT OFFICIALS WHO ACCOMPLISH HEROIC ACTS EVERY DAY!!! LAURA S. FOWLER Narrator & Presenter MANUEL C. RIVERA Consultant STEPHANIE F. CAGNIART PowerPoint & Musical Director PRODUCED IN THE FILM & MUSIC STUDIOS OF THE FOWLER LAW FIRM, PC IN AUSTIN, TX

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