OUTLINE OF LEGAL AFFAIRS POLICY ON AGC - TEXAS BUILDING BRANCH
INVOLVEMENT IN LITIGATION
ADOPTED NOVEMBER 19, 2004
In order to put this policy into place, the TBB President will appoint a committee. The vice president of the executive committee will serve as chair.
I. BASIS FOR INVOLVEMENT
A. Litigation directly or seriously impacting Texas AGC Building membership and generally, the entire Texas construction industry.
II. TYPE INVOLVEMENT
A. Limited contribution, without being named party
B. Amicus curiae
C. Intervention or initiation as party litigant along with others on shared-cost basis.
D. Direct involvement on behalf of the industry, at the sole expense of TBB.
III. REQUEST FOR TBB INVOLVEMENT
A. Submission to Texas Building Branch AGC Legal Affairs Committee
1. Merits of both sides of the issue
2. Effect/impact on construction industry
3. Estimated total cost
4. Potential for favorable outcome
5. Anticipated source of funding
IV. DUTIES OF LEGAL AFFAIRS COMMITTEE
A. Careful review of request
1. Correctness of position of party/parties
2. Ascertain TBB support
3. Extent of support (financial/direct involvement)
4. Effective utilization of funds
5. Interview/selection of attorney
6. Review of Amicus Curiae brief prior to filing
7. Review of legal fees submitted for payment Outline of Legal Affairs Policy
B. Committee Recommendation to Executive Committee
1. Pertinent facts
2. Criteria used to formulate recommendation
3. Estimated budget
4. Funding available for litigation
V. DUTIES OF EXECUTIVE COMMITTEE
A. Careful review of Legal Affairs recommendation
B. Full authority to act on behalf of Board of Directors on matters which must be resolved within critical period of time at “reasonable expense”.
VI. INSTANCES OF COMPLEX, PROTRACTED LITIGATION
A. Severely limited to what is reasonable and necessary for TBB B AGC to carry out its aims and goals
B. Requires affirmative majority vote of the Board of Directors – Regular meeting or special vote.
VII. INITIATION OF LAWSUIT
A. Written agreement between TBB and Legal Counsel
1. Scope and conditions of employment
2. Sum of fees and formula used
3. Terms/conditions of payment
VIII. PAYMENT OF LEGAL EXPENSES
A. From budget or named funding source.