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Spring 2022 Arkansas Law Review Symposium

March 12, 2022

Sponsored by University of Arkansas School of Law and the College of Engineering

The construction industry represents one of the most important segments of the global economy. Construction law stands out as a complex area of practice both nationally and internationally, involving some of the most challenging transactions and disputes that lawyers handle. As many as 35,000 U.S. lawyers specialize in construction law. As several scholars have noted, however, legal academics largely ignore the industry. The Association of American Law Schools includes sections for nearly all legal specialties and interdisciplinary concentrations, but not construction law. Relatively few law schools equip students for a construction industry practice, and the gap between construction law in practice and in the academy grows wider.

The symposium will engage nationally and internationally recognized scholars, lawyers, and construction industry professionals in such industry topics as: climate change and sustainable development in the built environment; emerging technologies, collaborative structures, innovative risk management devices, and alternative dispute resolution processes for addressing legal issues; construction lien law; a comparative analysis of selected principles governing the construction industry’s complex, interdependent relationships in the United States and in other common law countries; and the influence of economic analysis, relational contract, neoformalism, and other competing contract theories on the development of the law and the construction industry.

In addition, collaborations with the Fay Jones School of Architecture and Design and the College of Engineering present the potential for an inter-disciplinary focus. This symposium will offer a unique opportunity for the University of Arkansas School of Law to provide national leadership to advance construction law scholarship.

The symposium has been approved by the Arkansas Continuing Legal Education Board for up to 6.5 hours of general Continuing Legal Education credit and the public is invited to attend. Admission is free but registration is requested.

Symposium Speakers

Andrea J. Boyack, Norman R. Pozez Chair in Business and Transactional Law Professor of Law at Washburn University.

Ashlea Brown, Nabholz Construction Corporation Corporate Counsel.

Philip L. Bruner, JAMS Global Engineering and Construction Group Director; nationally and internationally recognized authority on construction law; and co-author of the leading treatise on U.S. construction law.

Carl Circo, Ben J. Altheimer Professor of Legal Advocacy at University of Arkansas School of Law; author of the book Contract Law in the Construction Industry Context and fellow of the American College of Real Estate Lawyers.

J.B. Cross, J B Cross, a lawyer with Newland and Associates, PLLC.

John Folan, University of Arkansas Department of Architecture Head and professor at the Fay Jones School of Architecture and Design.

David Grace, Lawyer with Hardin & Grace, P.A.

Shelby D. Green, Professor of Law and Susan Taxin Baer ’85 Faculty Scholar at Elisabeth Haub School of Law, Pace University and nationally recognized scholar on land use law and real estate transactions.

Micah Hale, University of Arkansas Civil Engineering Head and Professor and Holder of the Twenty First Century Endowed Leadership Chair in Civil Engineering.

Harper Heckman, Member, Nexsen Pruet Board of Directors.

Arlan Lewis, Partner at Blueprint Construction Counsel, LLP; Chair, American Bar Association Forum on Construction Law.

Michael Johnson, Associate Vice Chancellor for Facilities Professor, Emeritus, University of Arkansas.

Brian M. Perlberg, Associated General Contractors of America Senior Counsel for Contracts & Construction Law and leading national authority on construction contracts.

Sir Vivian Ramsey, King’s College London Visiting Professor and based in the Centre of Construction Law & Dispute Resolution Law; international mediator and arbitrator; former chief judge of the United Kingdom’s Technology and Construction Court; and former international judge in the Singapore International Commercial Court.

Marc M. Schneier, Schneier Construction Law Consulting & Publications and primary author of the leading text for teaching the legal aspects of architecture, engineering, and the construction process to construction industry professionals.

Richard Smith, Founder and Counsel at Smith Pachter McWhorter and Fellow of the American College of Construction Lawyers.

Dale Whitman, James E. Campbell Missouri Endowed Professor Emeritus of Law, University of Missouri; leading authority on real estate finance and all aspects of real estate law and development; former dean; and former president of the Association of American Law Schools.

Symposium Program

March 12, 2022

Welcome/Opening Remarks
Speakers: Interim Dean Allen; Taylor Spillers; Professor Carl Circo; Justin Gunderman
Design Liability: Professional Responsibility, Safety, and Social Justice
Panel: Marc Schneier; Shelby Green; John Folan; Mike Johnson
Critical Contract Provisions and Current Issues
Panel: Brian Perlberg; Ashlea Brown; Micah Hale; Mike Johnson; Dale Whitman; J.B. Cross
Lunch will be provided for all registered attendees; alternatively, those interested are invited to register for the Arkansas Law Review Academy Luncheon, which is a separately ticketed event.
Keynote: “‘Construction Law’: Its Historical Origins and 20th Century Emergence as a Major Field of Modern American and International Legal Practice”
Keynote Speaker: Phil Bruner
Keynote: “The English Route to Modern Construction Law”
Keynote Speaker: Sir Vivian Ramsey
Teaching Construction Law: Topics & Techniques
Panel: Andrea Boyack; Carl Circo; Harper Heckman; Richard Smith; Arlan Lewis; David Grace
Closing Remarks/Adjournment

CLE Credit

The symposium has been approved by the Arkansas Continuing Legal Education Board for up to 6.5 hours of general Continuing Legal Education credit and the public is invited to attend. Admission is free but registration is requested.