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Schedule

8:00 – 8:15 Registration and breakfast

8:15-10:00 Contracts 101

10:00 – 10:15 Break

10:15 – 12:00 Texas Sales and Use Tax for Construction Contractors 

Session title 1: Contracts 101

Presented by: Ben Westcott

Session description: This session will cover contract basics and key issues to help review and understand risks in contracts. It will highlight ways to identify issues with possible solutions for risky contract terms.

Learning objectives

·      Get a better understanding of construction contracts and their risks

·      Understand how contracts shift risk

·      Identify clauses that may be unenforceable and why

·      Propose specific language to manage your risks

·      Utilize your lawyer more effectively

Field of Study: Business Law

Advance Preparation: None

Course Level:  Intermediate

CPE Credit: 2 hours

Session 2 title: Texas Sales and Use Tax for Construction Contractors

 Presented by: Todd Filo

 Session description: This two hour CPE course discusses the complexities of sales/use tax for construction contractors in Texas

Learning objectives

·      Fundamentals of sales and use tax

·      Explanation of construction terms and definitions for Texas sales/use tax law as compared to industry

·      Clarifying new construction v. repair/remodeling contracts

·      Recognize the significance of lump sum v. separated contracts, understand the definitions of each, and learn how the language within contracts may result in inadvertent classification and tax treatment

·      Understand the sales/use tax implications by contract and project type, including lump sum v.separated, new construction v. repair/remodeling, and residential v. non-residential

·      Develop knowledge of applicable exemptions and importance of the structure of contracts when performing work for manufacturers, direct pay permit holders, and governmental or other exempt entities

Field of Study: Tax

Advance Preparation: None

Course Level: Basic

CPE Credit: 2 hours

Ben Westcott

Board Certified in Construction Law by the Texas Board of Legal Specialization, Ben Westcott’s practice focuses on both transactional and dispute resolution aspects of construction law. He represents general contractors, subcontractors, suppliers and owners on substantial construction projects, including schools, public infrastructure, sports facilities, airports, petrochemical and industrial plants, highway projects, wastewater treatment facilities, multi-family projects, retail centers, hotels, hospitals and office buildings. His experience includes the prosecution and defense of a variety of construction-related issues before state and federal courts, as well as the American Arbitration Association, including matters related to payment disputes; scheduling claims; subcontract claims; design defects; mechanic’s liens; performance and payment bonds; differing site conditions; breach of contract; construction defect claims; delay and acceleration claims; and termination of contracts. Ben also drafts and reviews construction contract documents.

Additionally, Ben maintains an active alternative dispute resolution practice mediating and arbitrating construction disputes, and is a member of the Panel of Arbitrators of the American Arbitration Association.

The prestigious legal directory, Chambers USA, America's Leading Lawyers for Business, again recognized Ben as a leading construction lawyer for eleven consecutive years.

Todd Filo

Todd Filo is a multi-state sales/use tax specialist, with diverse experience including taxability advice and guides, audit management and defense, nexus studies, due diligence review, training, voluntary disclosures, registrations, and return preparation. He also has broad experience advising clients on income/franchise tax nexus matters. As no two businesses are identical, Todd places an emphasis on seeking the best solution for his clients by understanding the company’s concerns and needs, some of which may initially be unknown to them, and then discussing all applicable options. Working with companies of all sizes, Todd strives for solutions that include efficiency and simplification of complicated matters for his clients.

Todd has experience advising clients in numerous industries. In particular, he’s leveraged his engineering degree to focus on technical industries including construction, manufacturing, information technology, and oil/gas services. With extensive experience working with clients in the construction industry in all states, including general contractors, subcontractors, and suppliers, Todd advises on matters such as taxability guidance, applicable exemptions, and the appropriate documentation required to claim such exemptions. He has widespread knowledge of the many nuances of multi-state sales/use tax for software and cloud computing businesses, helping many clients understand nexus and navigate the taxability laws. Todd also has specialty experience with the aviation industry as well as advising parties involved in mergers and acquisitions. Enjoying helping others make sense of what can be complex and convoluted issues, Todd has been involved with many speaking engagements and training presentations.