curriculum vitae 061711 - texas a&m college of architecture...vol. 131, issue 1, january 2005....

Joe Horlen Curriculum Vitae

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CURRICULUM VITAE

JOE HORLEN Department Head Langford A, Room 424 Associate Professor 3137 TAMU Holder of the Charles Dewey McMullan College Station, Texas 77843-3137 Chair in Construction Science Telephone: 979-458-3477 Construction Science Department Mobile: 979-219-2897 Texas A&M University Email: [email protected] EDUCATION Juris Doctor, Baylor University School of Law, Waco, Texas (1980)

Master of Education, Texas A&M University, College Station, Texas (1977)

Bachelor of Science in Agricultural Education, Texas A&M University, College Station, Texas (1973)

PROFESSIONAL LICENSES RECEIVED Licensed to practice law by the Supreme Court of the United States of America, Washington D.C. (1991-present) Licensed to practice law by the United States Court of Appeals, Fifth Circuit, New Orleans, Louisiana (1988-present) Licensed to practice law by the United States Federal District Courts for the Northern District of Texas (1988-present) Licensed to practice law by the United States Federal District Courts for the Eastern District of Texas (1988-present) Licensed to practice law by the United States Federal District Courts for the Southern District of Texas (1988-present) Licensed to practice law by the United States Federal District Courts for the Western District of Texas (1981-present) Licensed to practice law by the United States Federal District Courts for the Northern District of Oklahoma (1990-present)


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Licensed to practice law by the United States Federal District Courts for the Western District of Oklahoma (1990-present) Licensed to practice law by the Supreme Court of Texas and all State Courts in Texas (1980-present) Certified to teach science courses in the public school system of the State of Texas (1973-1977) LEGAL SPECIALIZATION Board Certified, Texas Board of Legal Specialization - Civil Trial Law (1991-2002) ACADEMIC EXPERIENCE

Department Head, Department of Construction Science, Texas A&M University (2007-present) Associate Department Head, Department of Construction Science, Texas A&M University (2005-2007) Associate Professor, Department of Construction Science, Texas A&M University (2007-present) Assistant Professor, Department of Construction Science, Texas A&M University (2002-2007)

Adjunct Lecturer, Department of Construction Science, Texas A&M University (2001-2002) HONORS, AWARDS AND SPECIAL RECOGNITION Teaching Excellence Award by the Student Led Awards for Teaching Excellence (SLATE) of the Texas A&M University System, Fall 2008, Top 6 in Texas A&M System Featured presentation at the American Council for Construction Education 2006 Annual Meeting held in Milwaukee, Wisconsin on the paper entitled “Construction Skill Requirements as Defined by the Construction Industry for Undergraduates in Construction Science at Texas A&M University” Selected as an honored member of Marquis Who’s Who in the World, 24th Edition and the 2006 edition of Marquis Who’s Who in America Outstanding Junior Faculty, National Association of Home Builders and Home Builders Institute, National Award (2005)


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Legal Affairs Best Paper Award, 2004-2005, American Society of Civil Engineers Journal of Professional Issues in Engineering Education and Practice, Reverse Auction: A Controversial Bidding Practice ASCE Journal of Professional Issues in Engineering Education & Practice, Vol. 131, Issue 1, January 2005. Joe Horlen, J.D. and Yashambari Ajinkya. (Graduate Assistant)

Distinguished Achievement Award for Teaching from the Association of Former Students, Texas A&M University, College Level, College of Architecture (2005) CRS Faculty Fellow in the College of Architecture’s CRS Center for Leadership and Management in the Design and Construction Industry (2005-present)

Outstanding Educator Award given by vote of the graduates of Texas A&M University, Construction Science Department (2006) Student Advocate Award given by vote of the graduates of Texas A&M University, Construction Science Department (2006) Outstanding Educator Award given by vote of the graduates of Texas A&M University, Construction Science Department (2003) Received the highest student evaluations for teaching in Construction Science Department, Texas A&M University, College of Architecture (2005-06). Dean’s Excellence in Teaching Award for highest student evaluations in Construction Science Department, Texas A&M University, College of Architecture (2002-03, 2003-04, 2004-05) PRIOR EXPERIENCE Horlen, Holt and Hollas, Attorneys at Law, 2700 Earl Rudder Freeway, College Station, Texas, Attorney and Partner, Civil Litigation with emphasis on Construction Law, Labor and Employment Law, Premise Liability, Product Liability, Medical Malpractice and Insurance Law (1994-2002) Arter & Hadden, Attorneys at Law, Dallas, Texas, Attorney and Partner, Head of the Litigation Section of the Dallas Office, Civil Litigation with emphasis on Construction Law, Labor and Employment Law, Premise Liability, Product Liability, Medical Malpractice and Insurance Law (1989-1994) Joe Horlen, Attorney at Law, Horseshoe Bay, Texas, Attorney and Owner, Civil Litigation with emphasis on Construction Law, Premise Liability and Insurance Law, Real Estate Law and owner of a Llano County Abstract and Title Company (1982-1989)


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Naman Howell Smith and Lee, Attorneys at Law, Waco, Texas, Associate Attorney, Civil Litigation with emphasis on Product Liability, Workers Compensation and Insurance Law (1980-1982) Central Power and Light Company, Uvalde, Texas, Electrical Utility Company, Consumer Consultant working with agricultural, residential and commercial customers in the sale and design of electrical systems (1974-1977) PROFESSIONAL EXPERIENCE Expert Witness Testimony

Expert witness in Cumberland Casualty & Surety Company v. Robinson’s Water Well Service, Inc., Cause No. 778729, in the County Court at Law, No. 3, Harris County, Texas regarding a surety company’s duty to incur and disburse expenses in a reasonable and expedient manner and in good faith when completing a job under the terms of a public surety bond. Expert witness in numerous cases regarding the duty of good faith and fair dealing and reasonable and necessary attorney fees (1980-present)

Mediation Services

Served as a mediator, appointed by a District Judge, in construction law cases in Brazos County, Texas, settling all cases (1996-present)

Special Judge

Served as a Special Commissioner, appointed by a County Court at Law Judge, in several condemnation cases filed by the City of College Station (1996-present)

Litigation

Have tried over 100 civil jury trials with emphasis on Construction Law, Labor and Employment Law, Premise Liability, Product Liability, Medical Malpractice and Insurance Law (1980-2001)

Real Estate and Construction Law

Owned a title company closing thousands of real estate transactions and represented numerous construction contractors, subcontractors and suppliers of construction materials and products (1980-2001)

MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS

Member, American Council for Construction Education, Accrediting Body (2007-present) Member, Associated Schools of Construction (2007-present) Member, Board of Directors for the National Association of Home Builders Student Chapter Advisory Committee (2004-present)


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Member, National Association of Home Builders Student Chapter Four-Year University Competition Committee (2004-2007) Member, State Bar of Texas (1980-present)

Member, Construction Law Section of the State Bar of Texas (2001-present)

Member, Litigation Section of the State Bar of Texas (1980-present)

Chairman of the Board (2003), Treasurer (2002), Bryan-College Station Economic Development Corporation

Member, College Station Planning and Zoning Commission (2000-2002) AREAS OF SPECIAL INTEREST

Teach classes in all areas of legal curriculum with special emphasis on construction law, construction contracting, claims, dispute resolution, insurance, environmental regulations, labor and employment, and ethics. Special interests include dispute resolution, ethics, bidding, construction contracting, construction litigation, labor and employment, and residential construction. Interested in writing new law for the State of Texas in the construction area and interpreting and predicting the effects of legislation under consideration.


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TEACHING

TEXAS A&M COURSES TAUGHT FOR CREDIT Student evaluation scores are based on a scale of 1(low) to 5(high). From 2002 to 2007, I received the highest student evaluation scores in the Construction Science Department each year. When I became Department Head in Fall 2007, I declared myself ineligible for teaching awards in the department.

Summer 2011: COSC 485-100, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 2 students Spring 2011: COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 113 students Fall 2010: COSC 465-500, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 51 students, Student Evaluation: 4.59 Summer 2010: COSC 485-100, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 5 students Spring 2010: COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 110 students Fall 2009: COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 35 students COSC 689-600, Construction Best Practices, 3 credit hours, Enrollment: 17 Spring 2009: COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 136 students Fall 2008: COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 73 students, Student Evaluation: 4.53 COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 35 students. COSC 685-651, Directed Studies, Enrollment: 1 COSC 693-614, Professional Study, Enrollment: 1 Summer 2008: COSC 465-150, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 23 students, Study Abroad in the U.K.


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COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 5 students Spring 2008: COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 141 students COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 103 students, Student Evaluation: 4.54 Fall 2007: COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 14 students, Student Evaluation: 4.88 ` COSC 483-500, Construction Industry Contemporary Issues, 1 credit hour, Enrollment: 58 students, Student Evaluation: COSC 485-561, International Construction Law, 3 credit hours, Enrollment: 1 student COSC 693-606, Professional Study, Enrollment: 3 Summer 2007: COSC 463-100, Introduction to Construction Law, 3 credit hours, Enrollment: 51 students, Student Evaluation: 4.89 COSC 627-100, Dispute Resolution, 3 credit hours, 3 credit hours, Enrollment: 14 students, Student Evaluation: 4.98 Spring 2007: COSC 465-500, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 48 students, Student Evaluation: 4.74 COSC 693-607, Professional Study, Enrollment: 1 COSC 485-561, International Construction Law, 3 credit hours, Enrollment: 9 students Fall 2006: COSC 465-500, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 41 students, Student Evaluation: 4.87 COSC 485-522, Directed Studies, 4 credit hours, Enrollment: 2 COSC 685-651, Professional Study, Enrollment: 1 COSC 693-606, Professional Study, Enrollment: 4


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Summer 2006: COSC 463-100, Introduction to Construction Law, 3 credit hours, Enrollment: 53 students, Student Evaluation: 4.67 COSC 465-200, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 73 students, Student Evaluation: 4.83 COSC 485-540, Directed Studies, 3 credit hours, Enrollment: 1 COSC 693-301, Professional Study, Enrollment: 1 Spring 2006: COSC 465-500, Advanced Topics in Construction Law, 3 credit hours,

Enrollment: 61 students, Student Evaluation: 4.67 COSC 485-540, Directed Studies (Residential Capstone), 4 credit hours,

Enrollment: 1

Fall 2005: COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 57 students, Student Evaluation: 4.73 COSC 485-540, Directed Studies (Residential Capstone), 4 credit hours,

Enrollment: 9 COSC 685-651, Directed Studies, Enrollment: 1 COSC 693-607, Professional Study, Enrollment: 2 Summer 2005: COSC 465-200, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 58 students, Student Evaluation: 4.76 COSC 693-204, Professional Study, Enrollment: 1 COSC 693-303, Professional Study, Enrollment: 1 Spring 2005: COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 24 students, Student Evaluation: 4.70 COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 37 students, Student Evaluation: 4.81 Fall 2004: COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 14 students, Student Evaluation: 4.88


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COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 36 students, Student Evaluation: 4.86 CARC 485-561, International Construction Law, Spain, 3 credit hours, Enrollment: 11 students Summer 2004: COSC 463-100, Introduction to Construction Law, 3 credit hours, Enrollment: 51 students, Student Evaluation: 4.89 COSC 627-100, Dispute Resolution, 3 credit hours, 3 credit hours, Enrollment: 14 students, Student Evaluation: 4.98 Spring 2004: COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 17 students, Student Evaluation: 4.74 COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 38 students, Student Evaluation: 4.64 Fall 2003: COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 17 students, Student Evaluation: 4.86 COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 29 students, Student Evaluation: 4.90 COSC 628-600, Applications of Construction Law, 3 credit hours, Enrollment: 12 students, Student Evaluation: 4.94 Summer 2003: COSC 463-100, Introduction to Construction Law, 3 credit hours, Enrollment: 41 students, Student Evaluation: 4.82 COSC 465-200, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 30 students, Student Evaluation: 4.86 Spring 2003: COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 36 students, Student Evaluation: 4.83 COSC 465-501, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 21 students, Student Evaluation: 4.55 Fall 2002: COSC 465-502, Advanced Topics in Construction Law, 3 credit hours, Enrollment: 15 students, Student Evaluation: 4.97 COSC 628-600, Applications of Construction Law, 3 credit hours, Enrollment: 15 students, Student Evaluation: 4.83 Summer 2002: COSC 463-200, Introduction to Construction Law, 3 credit hours,


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Enrollment: 18 students, Student Evaluation: 4.82

COSC 460-100, Labor and Employment Law, 3 credit hours, Enrollment: 20 students, Student Evaluation: 4.81 Spring 2002: COSC 460-502, Labor and Employment Law, 3 credit hours, Enrollment: 64 students, Student Evaluation: 4.71 Fall 2001: COSC 460-500, Labor and Employment Law, 3 credit hours, Enrollment: 58 students, Student Evaluation: 4.74 CONTINUING EDUCATION COURSES TAUGHT FOR CREDIT May 2006: Ethical Considerations for Engineers Building Professional Institute, Construction Research Center, University of

Texas at Arlington, Arlington, Texas, Enrollment: 105 Engineers The course meets the standards of the continuing education requirements of

Texas Professional Engineers. May 2006: Ethics and Performance Standards for Real Estate Inspectors Professional Building Inspection Seminar, College Station, Texas. Sponsored

by the TAMU Department of Construction Science and the Southern Council of Professional Building Inspectors, Enrollment: 35 Real Estate Inspectors. The course meets the standards of the continuing education requirements of Texas Real Estate Inspectors.

March 2006: Texas Residential Warranties and Performance Standards for Inspectors and

Engineers Texas Residential Construction Commission, Austin, Texas, Enrollment 45

Inspectors and Engineers November 2005: Preparation of Written Contract Provisions for Contract between

Inspectors and Homeowners Professional Building Inspection Seminar, College Station, Texas. Sponsored


November 2005: Texas Residential Warranties and Performance Standards for Inspectors

and Engineers Professional Building Inspection Seminar, College Station, Texas. Sponsored



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May 2005: Engineering Ethics: What is Ethics and Why Do We Need Ethics? Building Professional Institute, Construction Research Center, University of

Texas at Arlington, Arlington, Texas, Enrollment: 55 Engineers The course meets the standards of the continuing education requirements of

Texas Professional Engineers. April 2005: Texas Residential Warranties and Performance Standards for Inspectors and

Engineers Professional Building Inspection Seminar, College Station, Texas. Sponsored


March 2005: Contingent Payment/Prevention Doctrine State Bar of Texas, 18th Annual Construction Law Conference, The Texas

Institute for Continuing Legal Education, Course No. 74448, San Antonio, Texas. Enrollment: 500 Attorneys, The course meets the standards of the continuing education requirements of Texas Attorneys.

November 2004: Preparation of Written Contract Provisions for Contract between

Inspectors and Homeowners Professional Building Inspection Seminar, College Station, Texas. Sponsored


April 2004: Licensing Requirements for Real Estate Inspectors Professional Building Inspection Seminar, College Station, Texas. Sponsored


November 2003: Ethics and Performance Standards for Real Estate Inspectors

Professional Building Inspection Seminar, College Station, Texas. Sponsored by the TAMU Department of Construction Science and the Southern Council of Professional Building Inspectors, Enrollment: 51 Real Estate Inspectors. The course meets the standards of the continuing education requirements of Texas Real Estate Inspectors.

September 2003: Labor Relations-Civil Rights Act TAMU Management 211 and 212, Mays Business School, Texas A&M

University. Enrollment 90 students.


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April 2003: Preparation of Written Contract Provisions for Contract between Inspectors

and Homeowners Professional Building Inspection Seminar, College Station, Texas. Sponsored


October 2002: Employment Law Professional Building Inspection Seminar, College Station, Texas. Sponsored


September 2002: Labor Relations-Civil Rights Act TAMU Management 211 and 212, Mays Business School, Texas A&M

University. Enrollment 95 students. March 2002: Legal Issues Regarding Texas Building Inspectors Professional Building Inspection Seminar, College Station, Texas. Sponsored


OTHER COURSES TAUGHT AND LECTURES (NON CREDIT)

The courses below that are sponsored by the Texas Residential Construction Commission were part of the funded research project described in the Research section herein. During April and May 2005 I traveled throughout the State of Texas presenting seminars about the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005.

November 2005: Texas Residential Warranties and Performance Standards for Builders

The course is designed to teach the general public and builders the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: Online Course for Individual use at the TRCC Website.

July 2005: Texas Residential Warranties and Performance Standards for the General

Public This course is designed to teach the general public and builders the

requirements of the Texas Residential Warranties and Performance Standards


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which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: Online Course for Individual use at the TRCC Website.

May 24, 2005: Texas Residential Warranties and Performance Standards for the General

Public Beaumont, Texas. The course is designed to teach the general public and

builders the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: 20


Public Lufkin, Texas. The course is designed to teach the general public and builders

the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: 15


Public Tyler, Texas. The course is designed to teach the general public and builders



Public Brownsville, Texas. The course is designed to teach the general public and



Public McAllen, Texas. The course is designed to teach the general public and



Public Laredo, Texas. The course is designed to teach the general public and builders



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May 9, 2005: Texas Residential Warranties and Performance Standards for the General Public

Corpus Christi, Texas. The course is designed to teach the general public and builders the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: 15


Public Amarillo, Texas. The course is designed to teach the general public and



Public Abilene, Texas. The course is designed to teach the general public and



Public San Angelo, Texas. The course is designed to teach the general public and


April 28, 2005: Texas Residential Warranties and Performance Standards for the General

Public Lubbock, Texas. The course is designed to teach the general public and

builders the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Residential Construction Commission, Enrollment: 25


Public Midland, Texas. The course is designed to teach the general public and



Public El Paso, Texas. The course is designed to teach the general public and

builders the requirements of the Texas Residential Warranties and


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Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: 45


Public Austin, Texas. The course is designed to teach the general public and builders


February 2005: Texas Residential Warranties and Performance Standards for Inspectors and

Engineers Austin, Texas. The course is designed to teach Inspectors and Engineers the

requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: 45 Inspectors and Engineers

January 2005: Texas Residential Warranties and Performance Standards for Inspectors and

Engineers Austin, Texas. The course is designed to teach Inspectors and Engineers the

requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. Texas Residential Construction Commission, Enrollment: 40 Inspectors and Engineers

December 2002: Building Ethics, Ethics in the Construction Industry College Station, Texas. Sponsored by the Construction Industry Advisory

Council, Construction Science Department, Texas A&M University. Planned, prepared and presented a two-hour Ethics Seminar in Rudder Theater to approximately 400 students and construction professionals.

TEXAS A&M COURSES DEVELOPED (CREDIT) July 2005: COCS 485, Directed Studies, Residential Capstone, 4 credit hours.

Creation of a detailed course and outline of a residential capstone course combining all aspects of developing, building, marketing and financing a residential neighborhood. The course was writing intensive and had intensive oral presentation components.

August 2004: COCS 485, International Construction Law, 3 credit hours. Creation of a detailed course and outline regarding International Construction

Law and the Spanish influence on law in Texas. This class was taught to students attending class in Barcelona, Spain.

April 2004: COSC 627, Dispute Resolution, 3 credit hours. Adaptation and creation of a detailed course and outline in negotiation,

mediation, and arbitration.


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January 2003: COSC 628, Applications of Construction Law, 3 credit hours.

Found a new book to use in COSC 628. The book, Construction Claims: Prevention and Resolution, by Robert Rubin is an excellent guide to the most common types of claims and disputes experienced in the construction industry. It has excellent suggestions for proving claims and resolving disputes.

December 2002: COSC 465, Advanced Topics in Construction Law, 3 credit hours.

Originated the Department of Construction Science course in this instructional area. Creation of a detailed course and outline to combine advanced construction contracting topics, dispute resolution, ethics, and labor and employment law in the construction industry. This course is required for all undergraduate students in Construction Science. The course work is designed to teach students specific legal considerations of the construction industry. Topics include Management Techniques to Avoid Disputes, Payment, Bonds, Termination, Proving Costs and Damages, Documentation and Record Keeping, Claims Presentation, Formal Dispute Resolution, Construction Insurance, Industry Environmental Concerns, Ethics, Employment Relationships, Civil Rights Act, Wage and Hour Law, Pay Equity, Age Discrimination, American with Disabilities Act, Employee Benefit Plans, Employee Privacy Topics, Family and Medical Leave Act, Whistleblower Act, Work Authorization for Non-U.S. Citizens, National Labor Relations Act, Employer Unfair Labor Practices, Union Activities, Federal Contracting, and Historically Underutilized Businesses.

June 2002: COSC 463, Introduction to Construction Law, 3 credit hours Adaptation and creation of a course and outline in general business law and

construction contract law. September 2001: COSC 460, Labor and Employment Law, 3 credit hours Created a detailed course and outline on labor and employment law in the

construction industry. CONTINUING EDUCATION COURSES DEVELOPED FOR CREDIT May 2006: Ethical Considerations for Engineers

The course is designed to teach professional engineers in Texas their ethical duties and rules as well as stimulate discussion of ethical dilemmas. Building Professional Institute, Construction Research Center, University of Texas at Arlington, Arlington, Texas. The course meets the standards of the continuing education requirements of Texas Professional Engineers

March 2006: Texas Residential Warranties and Performance Standards for Inspectors and Engineers


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Texas Residential Construction Commission, Austin, Texas, Enrollment 45 Inspectors and Engineers

May 2005: Engineering Ethics: What is Ethics and Why Do We Need Ethics? The course is designed to teach professional engineers in Texas their ethical

duties and rules as well as stimulate discussion of ethical dilemmas. Building Professional Institute, Construction Research Center, University of Texas at Arlington, Arlington, Texas. The course meets the standards of the continuing education requirements of Texas Professional Engineers.

March 2005: Contingent Payment/Prevention Doctrine. State Bar of Texas, 18th Annual Construction Law Conference, The Texas

Institute for Continuing Legal Education, Course No. 74448, San Antonio, Texas. The course is designed to teach Texas Attorneys specializing in construction law the latest case holdings regarding contingent payment clauses and the Prevention Doctrine. The course meets the standards of the continuing education requirements of Texas Attorneys.

April 2004: Licensing Requirements for Real Estate Inspectors Professional Building Inspection Seminar, College Station, Texas. Sponsored


November 2003: Ethics and Performance Standards for Real Estate Inspectors

Professional Building Inspection Seminar, College Station, Texas. Sponsored by the TAMU Department of Construction Science and the Southern Council of Professional Building Inspectors, Enrollment: 51 Real Estate Inspectors. The course meets the standards of the continuing education requirements of Texas Real Estate Inspectors.

April 2003: Preparation of Written Contract Provisions for Contract between Inspectors

and Homeowners Professional Building Inspection Seminar, College Station, Texas. Sponsored


October 2002: Employment Law Professional Building Inspection Seminar, College Station, Texas. Sponsored



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March 2002: Legal Issues Regarding Texas Building Inspectors Professional Building Inspection Seminar, College Station, Texas. Sponsored


OTHER COURSES DEVELOPED (NON CREDIT) April 2005: Texas Residential Warranties and Performance Standards for the General

Public. The course is designed to teach the general public and builders the

requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005. The course is now available online at the TRCC website.

February 2005: Texas Residential Warranties and Performance Standards for Builders.

The course is designed to teach builders the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005.

January 2005: Texas Residential Warranties and Performance Standards for Certified

Inspectors and Engineers. The course was taught live in Austin twice and now is available online to

inspectors and engineers who want to contract with the Texas Residential Construction Commission to provide inspections of potential defects in residential construction.

SPECIAL CLASS ACTIVITIES

Planned and arranged a field trip to be held every semester in COSC 463, Introduction to Construction Law, to the Texas State Capitol with Debra Ellis. The trip includes a tour of the Capitol, The Texas Supreme Court, and other governmental offices. The trip also includes visits with various governmental officials such as Governor Rick Perry, Senator Steve Ogden and others. The trip also includes presentations by various builder organizations regarding legislative topics and lobbying.

GRADUATE STUDENTS SUPERVISED Chair of Committee Yashambari Ajinkya, graduated May 2004

Professional Paper Topic: Some Common Criteria and Characteristics of U.S. based Construction Companies that have successfully ventured into the Eastern European Region


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Pradeep Ramadoss, graduated August 2004 Professional Paper Topic: Value Engineering Practice in USA for Commercial Construction

Sanjeev Sastry, graduated May 2005 Professional Paper Topic: Implementation of a Multiskilled Workforce in the Construction Industry

Deepti Srinivasan, graduated August 2005 Professional Paper Topic: Comparison of Alternate Dispute Resolution Methods used by General Contractors in United States Construction Industry

William Goldberg, did not graduate Timothy Knox, graduated August 2005

Professional Paper Topic: TRCC Compliant Slab-On-Grade Foundation Construction Costs

Mark Johnston, graduated August 2006 Professional Paper Topic: Survey of Texas Construction Industry Regarding Knowledge and Skills Expected of Construction Science Graduates

Erica Wozinak, graduated December 2006 Professional Paper Topic: Effective Communication in Residential Construction

Clemente Barrera, graduated August 2007 Luis Recalde, graduated August 2007 Uma Joshi, graduated December 2007 Shawn Murphy, graduated December 2007 Joyti Ghugale, graduated May 2008

Member of Committee Hernan Guerra Santos, graduated May 2003

Oneil Phatak, graduated May 2003 Manasi Pitkar, graduated May 2003 James DeLapp, CPT, graduated December 2003 Larry McGinn, graduated December 2003 Ryan Malone, graduated May 2004 Eric Braun, graduated May 2004 Josh Novak, graduated May 2004


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Shilpa Bhargav, graduated December 2004 Chirag Shah, graduated December 2004 Faheem Williams, graduated December 2004 Divyam Shah, graduated December 2004 Matthew Reyes, graduated December 2004 Samir Mehrotra, graduated December 2004 Amrith Ramanujam, graduated May 2005

Sanjeev Sastry, expected graduation May 2005 Chintan Kesaria, graduated May 2005 Bentley Scott, graduated May 2005 Anjana Shankar, graduated August 2005 Erica Wozniak, graduated December 2006 Prianka Jain, graduated August 2006 Michael Aquino, graduated December 2006 Jeffery Erickson, graduated August 2006

Das Somnath, graduated May 2007 Mugdha Deshpande, graduated August 2007 Kashmira Kayser, graduated December 2008 Paul Gregg, graduated May 2009


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RESEARCH

PEER REVIEWED (PUBLISHED)

Texas Home Builder Business Structuring, The Journal of the American Institute of Constructors, April 2009. Joe Horlen, J.D., J. Russ Peterson

Examining Market Share Trends of Texas Home Builders, The Journal of the

American Institute of Constructors, April 2009. J. Russ Peterson, Joe Horlen, J.D., J. Ghugale

Contingent Payment Clauses in Construction Contracting The American Professional Constructor, The Journal of the American Institute

of Constructors, Vol. 30, Number 1, Page 2-6, April 2006. Joe Horlen, J.D., Debra Ellis, J.D., and Erica Wozniak (Graduate Student)

Project Delivery System Choice for Houston, Texas Public School Construction The American Professional Constructor, The Journal of the American Institute of Constructors, Vol. 30, Number 1, Page 17-21, April 2006. Joe Horlen, J.D., Ryan Malone, (Graduate Student) and Erica Wozniak (Graduate Assistant)

Some Common Criteria and Characteristics of U.S. based Construction

Companies that have successfully ventured into the Eastern European Region The American Professional Constructor, The Journal of the American Institute of Constructors, Volume 29, Number 2, Page 10-19, October 2005. Joe Horlen, J.D. and Yashambari Ajinkya (Graduate Student) Reverse Auction: A Controversial Bidding Practice ASCE Journal of Professional Issues in Engineering Education & Practice, Vol. 131, Issue 1, January 2005. Joe Horlen, J.D. and Yashambari Ajinkya (Graduate Assistant), Received ASCE Legal Affairs Best Paper Award for 2004-2005 Efforts to Restrict Bid Shopping The American Professional Constructor, The Journal of the American Institute of Constructors, Vol. 28, No. 2, Page 26-30, October 2004. Joe Horlen, J.D. and Yashambari Ajinkya (Graduate Assistant) Construction Automation: A Drywall Robot Second International Conference on Construction in the 21st Century (CITC-II) "Sustainability and Innovation in Management and Technology", December 10, 2003, Hong Kong, Erik Bruun (Graduate Student), Neal Eldin, Ph.D., and Joe Horlen, J.D.


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Impacts of CAD on Iteration in Design Realization Engineering, Construction & Architectural Management, Vol. 11, No. 4, Page 284-291, 2004. James De Lapp, CPT. (Graduate Student), John Bryant Ph.D., P.E., David Ford, Ph.D., P.E., and Joe Horlen, J.D.

PEER REVIEWED (PUBLICATION PENDING)

Financial Effects of Reverse Auction Bidding on Telecommunications

Contractors Journal of Professional Issues in Engineering Education and Practice, Joe Horlen, J.D., David Bilbo, PhD., and Joshua Novak (Graduate student)

PEER REVIEWED BY PUBLIC HEARING (PUBLISHED)

The following parts of the Texas Administrative Code were written as a part of research funded by the Texas Residential Construction Commission. The drafts were adopted by the Commission in September 2004 and then submitted to 15 public hearings throughout the State of Texas for comment, criticism and review. Hundreds of people commented on the documents during the hearings, which I or a Commissioner moderated. Following the public hearings, the drafts were revised as necessary and each comment made at the public hearing was responded to in writing. The Commission then adopted the final versions in January 2005 and they were published in the Texas Administrative Code, were they then had the force of law. These codes have dramatically changed residential construction techniques, warranties and dispute resolution in Texas. They are designed to increase the performance of residential homes in Texas while simultaneously providing a more efficient and less confrontational method of dispute resolution.. Following adoption, the Comptroller of the State of Texas conducted an extensive review of the Texas Residential Construction Commission and the Performance Standards and Warranties for Residential Construction in Texas. The Comptroller asked faculty members at the University of Texas and Texas Tech University to review the Performance Standards and Warranties for Residential Construction in Texas. The Comptroller then issued a formal report to the State of Texas in which she found that the Performance Standards and Warranties for Residential Construction in Texas were well written and adequate based on the requirements of the enabling legislation. The Texas Residential Construction Commission consisted of nine Commissioners appointed by the Governor of the State of Texas and confirmed by the Senate. The Texas Residential Construction Commission was sunset and abolished in 2009.

Performance Standards and Warranties for Residential Construction in Texas, General Provisions


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Texas Residential Construction Commission, Texas Administrative Code, Title 10, Part 7, Chapter 304, Subchapter A, Rule 304.1 et. seq. January 2005, Joe Horlen, J.D., and Debra Ellis, J.D.

Performance Standards and Warranties for Residential Construction in Texas, Performance Standards for Components of a Home Subject to a Minimum Warranty of One Year for Workmanship and Materials Texas Residential Construction Commission, Texas Administrative Code, Title 10, Part 7, Chapter 304, Subchapter B, Rule 304.10 et. seq. January 2005, Joe Horlen, J.D., and Debra Ellis, J.D. Performance Standards and Warranties for Residential Construction in Texas, Performance Standards for Components of a Home Subject to a Minimum Warranty of Two Years Texas Residential Construction Commission, Texas Administrative Code, Title 10, Part 7, Chapter 304, Subchapter C, Rule 304.50 et. seq. January 2005, Joe Horlen, J.D., and Debra Ellis, J.D.

Performance Standards and Warranties for Residential Construction in Texas, Performance Standards for Components of a Home Subject to a Minimum Warranty of Ten Years Texas Residential Construction Commission, Texas Administrative Code, Title 10, Part 7, Chapter 304, Subchapter D, Rule 304.100 et. seq. January 2005, Joe Horlen, J.D., and Debra Ellis, J.D. The following documents were written as a part of research funded by the Texas Residential Construction Commission. The drafts were adopted by the Commission and submitted to review by eight different focus groups throughout the State of Texas. Each focus group consisted of 10 to 15 people and was lead by an independent moderator. The focus group members read the documents and commented on them. Based on the comments, the documents were revised and then submitted to the next focus group until the process was completed. The documents were then submitted to Texas Residential Construction Commission where they were reviewed, revised and finally adopted. These documents were published by the Texas Residential Construction Commission and mailed every new homeowner in Texas.

User Friendly Version of Warranties and Performance Standards for Homeowners and Builders Texas Residential Construction Commission, December 2005, Joe Horlen, J.D., and Debra Ellis, J.D.

Texas Homeowner Rights and Responsibilities Texas Residential Construction Commission, November 2005, Joe Horlen, J.D., and Debra Ellis, J.D.


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Texas Homeowner Maintenance Tips Texas Residential Construction Commission, November 2005, Joe Horlen, J.D., and Debra Ellis, J.D. Texas Homeowner Maintenance Manual Texas Residential Construction Commission, September 2005, Joe Horlen, J.D., and Debra Ellis, J.D.

Texas Homeowner Walkthrough Checklist

Texas Residential Construction Commission, March 2005, Joe Horlen, J.D., and Debra Ellis, J.D. Texas Residential Construction Commission 2005 Annual Report Texas Residential Construction Commission, December 2005, Joe Horlen, J.D., and Debra Ellis, J.D.

Texas House Calls Texas Residential Construction Commission, December 2006, Joe Horlen, J.D., and Debra Ellis, J.D.

PEER REVIEWED BY PUBLIC HEARING (PUBLICATION PENDING) Texas Residential Construction Commission 2006 Annual Report Texas Residential Construction Commission, Joe Horlen, J.D., and Debra Ellis, J.D. The 2006 Annual Report is currently being finalized and will be published by the commission. It summarizes the TRCC’s accomplishments and the state of the residential construction industry in Texas. It also summarizes the source of complaints between builders and homeowners and tracks the resolution of those disputes. The report will be furnished to the Texas Legislature and to the general public. Amendments to the Performance Standards and Warranties for Residential Construction in Texas Texas Residential Construction Commission, 2006, Joe Horlen, J.D. I serve as chair of the Texas Residential Warranties and Performance Standards Advisory Committee for the Texas Residential Construction Commission. We are currently reviewing amendments and changes to the Warranties and Performance Standards as suggested by the general public and builders. The amendments will be reviewed and adopted by the commission.

EDITORIAL REVIEWED (INVITED) Contingent Payment Clauses and the Prevention Doctrine

The Texas Institute for Continuing Legal Education, Course No. 74448, San Antonio, Texas, Joe Horlen, J.D., and Debra Ellis, J.D., 2005


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Ethical Considerations for Engineers Fourteenth Building Professional Institute, The University of Texas at

Arlington, Arlington, Texas, Joe Horlen, J.D. 2006

Engineering Ethics Thirteenth Building Professional Institute, The University of Texas at

Arlington, Arlington, Texas, Joe Horlen, J.D. 2005 PAPERS PRESENTED (INVITED)

Texas Home Builder Business Structuring, 45th Annual International Associated Schools of Construction Conference University of Florida, Gainesville, Florida, April 2009

Examining Market Share Trends of Texas Home Builders,

45th Annual International Associated Schools of Construction Conference University of Florida, Gainesville, Florida, April 2009

Construction Skill Requirements as Defined by the Construction Industry for Undergraduates in Construction Science at Texas A&M University Built Environment Education Conference (BEECON 2007), University of Westminster, London, England, September 2007 Construction Skill Requirements as Defined by the Construction Industry for Undergraduates in Construction Science at Texas A&M University American Council for Construction Education, 2006 Annual Meeting, Milwaukee, Wisconsin, Featured Presentation, July, 2006. Texas Residential Warranties and Performance Standards.

42nd Annual International Associated Schools of Construction Conference Colorado State University, Fort Collins, Colorado

The paper reviews the writing of and the requirements of the Texas Residential Warranties and Performance Standards which went into effect in Texas on June 1, 2005, April 2006.

Contingent Payment Clauses and the Prevention Doctrine

Texas A&M University’s College of Architecture's Sixth Annual Fall Research Symposium, October 2005 Contingent Payment Clauses and the Prevention Doctrine

State Bar of Texas, 19th Annual Construction Law Conference, The Texas Institute for Continuing Legal Education, Course No. 74448, San Antonio, Texas, March 2005

Survey of Continuing Education for Contractors in Texas


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Reported to the Construction Industry Advisory Council the results of their sponsored survey, November 2004 Financial Effects of Reverse Auction Bidding on Telecommunication Contractors Texas A&M University’s College of Architecture's Sixth Annual Fall Research Symposium, October 2004

FUNDED RESEARCH (EXTERNAL COMPETITIVE PROPOSALS)

Total $680,716.00 as Principal Investigator Curriculum Enhancement and Increasing Student Interest in Residential Construction, National Housing Endowment, Homebuilding Education Leadership Program, a joint project with Prairie View A&M University, $100,000.00 Co-Principal Investigator Tomorrow’s Construction Industry Graduate – What does the Construction Industry Need? Construction Industry Institute, Austin, Texas, $75,000.00, Co-Principal Investigator, September 1, 2009 to present Amendments and changes to the Warranties and Performance Standards, Texas Residential Construction Commission Annual Report,

Texas Residential Construction Commission, $50,000.00, Principal Investigator, January 1, 2008 to December 31, 2008 Amendments and changes to the Warranties and Performance Standards, Texas Residential Construction Commission Annual Report, Continuing Education Program, Texas House Calls, Updates to the Texas Residential Performance Standards and Warranties, Walkthrough Checklist and Homeowner Maintenance Manual

Texas Residential Construction Commission, $50,000.00, Principal Investigator, January 1, 2007 to December 31, 2007

Amendments and changes to the Warranties and Performance Standards, Texas Residential Construction Commission Annual Report, Continuing Education Program, Texas House Calls, Updates to the Texas Residential Performance Standards and Warranties, Walkthrough Checklist and Homeowner Maintenance Manual


Creation of a National Association of Home Builders Student Chapter at Prairie View A&M University


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Home Builder Institute and the National Association of Home Builders, Washington, DC, Principal Investigator, $1,500.00, January 2006

Texas Residential Construction Commission Annual Report, Continuing Education Program, and updates to the Texas Residential Performance Standards and Warranties, Walkthrough Checklist and Homeowner Maintenance Manual


Texas Residential Walkthrough Checklist and Homeowner Maintenance Manual

Texas Residential Construction Commission, $30,000.00, Principal Investigator, August 1, 2004 to December 31, 2004

Texas Residential Performance Standards and Warranties

Texas Residential Construction Commission, $45,000.00, Principal Investigator, April 1, 2004 to December 31, 2004

FUNDED RESEARCH (INTERNAL COMPETITIVE PROPOSALS)

Total $5,000.00 as Principal Investigator

Survey of Continuing Education for Contractors in Texas

Construction Industry Advisory Council, Texas A&M University, $5,000.00, Principal Investigator, December 2002 to May 31, 2003

PENDING RESEARCH PROPOSALS (EXTERNAL COMPETITIVE PROPOSALS)

Social Responsibility and Ethics for the Built Environment: A Systems Approach for Development and Implementation of New Technologies.” National Science Foundation's RFP for Ethics Education in Science and Engineering Program (NSF 07-541) $175,000.00. Co-Principal Investigator

STUDENTS EMPLOYED WITH RESEARCH FUNDING

Graduate Students Undergraduate Students Erica Wozniak Christian Taylor Chris Pixler Yashambari Ajinkya Natalie Franz Jonathon Garza Pradeep Ramadoss Nichlas Willett Weston Reeves Mark Johnston Melissa Staudt Catherine Kilgore Das Somnath Robert Heffley Dustin James Jennifer Leyh Erika Butler Christopher Swartz Ashley Miller Jessie Durden Jennifer Hidden Jessie Durden Jyoti Ghugale


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SERVICE

UNIVERSITY ACADEMIC COMMITTEES

Member of the University Rules and Regulations Committee, (2007-present) Member of the Texas A&M University Career Center Advisory Committee (2006-2008) Member of the University Discrimination Appeals Panel (2008-present)

COLLEGE OF ARCHITECTURE ACADEMIC COMMITTEES

College of Architecture’s Executive Committee (2005–present) CRS Faculty Fellow, College of Architecture’s CRS Center for Leadership and Management in the Design and Construction Industry (2005-present) Member of the College of Architecture’s International Faculty Steering Committee (2004-05) Member of the College of Architecture’s Committee on Academic Honesty and Ethics (2003)

CONSTRUCTION SCIENCE DEPARTMENT ACADEMIC COMMITTEES

Department Head for the Department of Construction Science (2007–present) Associate Department Head for the Department of Construction Science (2005–07)

Member of the Department of Construction Science Executive Committee (2005–present)

Coordinator of the Zachry Internship Program in China. Assisted a number of students who are applying to intern for Zachry Construction Company in Beijing, China. (2005-08) Participate in the Texas A&M University Center for Teaching Excellence program to develop and promote outstanding teaching in the Construction Science Department (2005-07)

Chair of the Department of Construction Science Student Organization Rules Committee (2005–07)


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Faculty Meeting Monitor (2004-present) Executive Director of the Construction Industry Advisory Council (2007-present) Faculty representative to the Construction Industry Advisory Council Residential Subcommittee (2003-07) Member of Curriculum Committee (2002-07) Member of the Signature Faculty Search Committee (2004-05) Member of the Department Head Search Committee (2003-04 and 2004-05)

Member of the Faculty Search Committee (2003-2005)

Chair of the Undergraduate Committee-Environmental Group (2002-04)

Member of Task Force for Third Year Interim Report to the ACCE (2002-03)

EDITORIAL SERVICES

Reviewed and Refereed for the Construction Management and Economics Journal of Construction Law and Management, a paper entitled “Med-Arb as a dispute resolution process for resolving disputes in international construction projects", January 2007 Reviewed and Refereed for The Journal for Construction Management and Economics on the paper entitled “Transparency, Market Operation and Trust in the Dutch Construction Industry”, February 2006

Reviewed and Refereed for The Journal for Construction Management and Economics on the paper entitled “Best Practices for Improving Safety among Hispanic Construction Workers”, December 2005 Reviewed and Refereed for Associated Schools of Construction International Review Board on the paper entitled “Effectiveness of Arbitrations in Solving Construction Labor Disputes and Claims”, February 2004 Served as a referee for Associated Schools of Construction International Review Board on the paper entitled “Diversity in the Upper Management of Leading Texas Contractors”, January 2004


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Reviewed and Refereed Manuscript # EI/2003/22428, “Responsible Use of Computer Technology by Engineers”, for the Journal of Professional Issues in Engineering Education and Practice, September 2003.

Reviewed and Refereed Manuscript # EI/20052/22356, “Putting Yourself on the Line, Current Certification Issues” for the Journal of Professional Issues in Engineering Education and Practice, December 2002.

STUDENT ADVISING AND MENTORSHIP

Member and Faculty Advisor for Sigma Lambda Chi, the International Honor Society for Construction, (2007-present) Faculty Advisor to the Student Chapter of the National Association of Home Builders (2003-2007). The NAHB Student Chapter has grown to 145 members from only 18 three years ago. The chapter placed 3rd nationally as the Outstanding Student Chapter in 2004 and 2005. The chapter is the third largest chapter in the nation.

Coached the National Association of Home Builders Student competition team (8th place at the national competition, 2004), (7th place at the national competition, 2005), (3rd place at the national competition, 2006, the highest finish since 1995)

Advised a number of students considering or seeking admission to law schools and graduate schools and assisted by writing letters of recommendation (2002-present)

Presentation to prospective students and their parents, Construction Science Department (2003-present)

PROFESSIONAL DEVELOPMENT

Accreditation Review Team: Traveled to Gainesville, Florida to participate in the accreditation review of the Construction Management Program at the University of Florida in 2010 Chair of the Texas Residential Warranties and Performance Standards Advisory Committee for the Texas Residential Construction Commission (2005-09) Attended six national meetings of the National Association of Home Builders in Las Vegas, Orlando and Washington D.C. (2004-present)


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Attended numerous meeting of the Texas Residential Construction Commission and its committees to report on the progress of research and publications (2004-present) Attended each annual meeting of the Construction Law Section of the State Bar of Texas (2002-present) Attended each Annual Construction Law Conference, State Bar of Texas, San Antonio, Texas (2002-present) Attended the Centex Homes Faculty Workshop in Dallas, Texas (2005) Attended the Pulte Homes Faculty Workshop in Washington D.C. (2004) ACCE Visitor Team Member in Training. Traveled to Sacramento, California to participate in the accreditation review of the Construction Management Program at the University of California, Sacramento in 2003 Developed an online, interactive Continuing Education Program for Zachry Construction field personnel. The topic was legal issues important to field superintendents and supervisors. (2002) Completed ACCE Visitor Team Member Training (2002) Graduate of Latz Negotiation Institute (2001)

curriculum vitae 061711 - texas a&m college of architecture...vol. 131, issue 1, january 2005....

Documents