37th Annual Construction and Public Contracts Law Seminar

MCLE Credits: 12.0
Ethics Credits Included: 2.0

Live on Site: Friday and Saturday, November 4 and 5 / Boar's Head Inn, Charlottesville
Registration: 8:00
Program: November 4: 8:25 a.m. - November 5: 12:20 p.m.
MCLE Credit: 12.0 (Ethics: 2.0)
Live-Interactive Credit: 12.0 Live Interactive MCLE Credit Symbol


Why Attend?

  • Network with your colleagues, judges, and some of the most talented professionals in the construction and public contracts field
  • Earn an entire year’s worth of Virginia MCLE credit, including ethics
  • Receive an excellent review and analysis of the significant federal and state reported decisions involving construction and public contracts decisions from the past year
  • Gain practice tips and strategies for analyzing key provisions in contracts
  • Learn about indemnification and subrogation clauses
  • Understand the breadth and limits of scope and incorporation clauses
  • Review the numerous considerations applicable to settling claims, particularly in the context of construction litigation
  • Get an in-depth review of job order contracting by the federal government and Virginia

Cosponsored with the Construction Law and Public Contracts Section of the Virginia State Bar

The premier substantive and networking program in the region!

For nearly four decades, this two-day gathering has been the destination of choice for both lawyers and industry representatives with a stake in construction law or public contracts matters. As usual, the seminar offers a full year’s worth of CLE credit for Virginia attorneys and an indispensable educational and networking opportunity for all attendees. The offerings once again will range from annual ethics and legal updates to specific programs on the most pressing industry and governmental issues.

A Few Comments from Last Year’s Program

“This is always an excellent program.”
“Always beneficial.  Excellent speakers and outline. 
“Great materials to use as a reference.”
“Wonderful opportunity to see many, if not most, of the leading construction attorneys in Virginia.”


Can't Attend?
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.




8:00 Registration
8:25 Introductory Remarks

Jennifer A. Mahar

8:30 Legal Ethics — Confidentiality:  Part III (Non-Clients’ Misunderstanding and Mistakes)
Thomas E. Spahn

A fun and interactive session using hypotheticals to explore lawyers’ confidentiality and disclosure duties in the context of non-clients’ misunderstanding and mistakes.
10:30 Break
10:40 Contracts Can Make or Break a Project — Comparison of Industry Form Contracts (AIA v. ConsensusDocs)
Carrie L. Ciliberto, Owen S. Walker

An appropriate contractual foundation facilitates better project results.  The speakers will provide an analysis of key provisions in Owner, Design Professional, and Contractor standard contracts so you can better serve your clients.

11:40 When Is a Contract Implied in Fact, or Accepted by Performance?
Mark D. Crawford, Jesse B. Gordon
12:40 Lunch (provided at program)
1:00 Lunch Presentation: Contract Documents’ Impacts to the Building Envelope
Ronald E. Wright

Contract documents can impact the roles and responsibilities of those involved with the construction process and the performance of the building envelope.  Discussions and examples will be provided showing how such impacts often lead to problems with the building envelope.
1:45 Break
2:00 Basic Construction Contract — Interplay Between Owner, Architect, and General Contractor
Hillary J. Boroian, Jack Rephan
3:30 Break
3:40 Indemnification and Subrogation Clauses
James W. Barkley, John M. Claytor
4:40 That’s Not My Job, or Is It?  The Breadth and Limits of Scope and Incorporation Clauses
Chandra D. Lantz, Jonathan J. Straw

Project participants are known to ignore seemingly standardized provisions of contract documents or to become complacent with the scope descriptions used to identify the work to be done.  As project structures become more varied and construction needs become more complex, however, scope and incorporation clauses become even more important to transferring risk and defining responsibility.
5:25 Adjourn
5:30 Cocktail Reception


8:00 Settlement Agreements, Releases, and Covenants Not to Sue
Maureen E. Carr, Thomas R. Folk

This presentation covers the numerous considerations applicable to settling claims, particularly in the context of construction litigation.  Topics covered include general contract principles, special considerations for settlements involving construction contracts, special considerations when there are multiple parties to a dispute, selected ethical considerations, special considerations for public bodies, evidentiary issues, “Mary Carter” and similar agreements, incorporation of settlements into court orders, insurance and indemnification considerations, the effects of settlements on others, and potential preclusive effects.
9:00 Break
9:10 Job Order Contracting:  Virginia’s Implementation of a New Contracting Model and Other Emerging Trends
Jesse S. Keene, Shoshana E. Rothman

An in-depth review of job order contracting by the federal government and the Commonwealth of Virginia, to include an examination of state and federal job and task order contracts, their prevalence in procurement, and the benefits and detriments of their use.
10:10 Break
10:20 Recent Developments in Construction and Public Contracts Law in Virginia
Scott W. Kowalski, John “Jack” M. Robb III

This session will review and analyze the significant federal and state reported decisions involving construction and public contracts topics.
12:20 Concluding Remarks
Jennifer A. Mahar



James W. Barkley,
Morin & Barkley LLP / Charlottesville
Hillary J. Boroian, James G. Davis Construction Corporation / Rockville, MD
Maureen E. Carr, Rees Broome, PC / Tysons Corner
Carrie L. Ciliberto, ConsensusDocs / Arlington
John M. Claytor, Harman, Claytor, Corrigan, & Wellman, P.C. / Richmond
Mark D. Crawford, The Law Offices of Mark D. Crawford, PLLC / Arlington
Thomas R. Folk, Reed Smith / McLean
Jesse B. Gordon, Pender & Coward, P.C. / Virginia Beach
Jesse S. Keene, Peckar & Abramson, P.C. / Washington, DC
Scott W. Kowalski, Petty, Livingston, Dawson, & Richards / Lynchburg
Chandra D. Lantz, Hirschler Fleischer / Richmond
Jack Rephan, Pender & Coward / Virginia Beach
John “Jack” M. Robb III, LeClairRyan / Richmond
Shoshana E. Rothman, BrigliaMcLaughlin, PLLC / Vienna
Thomas E. Spahn, McGuireWoods / McLean
Jonathan J. Straw, Kraftson Caudle / McLean
Owen S. Walker, Smith Pachter McWhorter PLC / Tysons Corner
Ronald E. Wright, Berman & Wright Architecture, Engineering & Planning, LLC / Arlington


Jennifer A. Mahar, Smith Pachter McWhorter PLC / Tysons Corner


Christopher S. Boynton, City Attorney’s Office, City of Virginia Beach / Virginia Beach
Michael A. Branca, Peckar & Abramson, P.C. / Washington, DC
Shannon J. Briglia, BrigliaMcLaughlin, PLLC / Vienna
Christopher G. Hill, The Law Office of Christopher G, Hill, PC / Richmond
Jennifer A. Mahar, Smith Pachter McWhorter PLC / Tysons Corner
Alison R. Mullins, Rees Broome, PC / Tysons Corner
Gregory T. St. Ours, Wharton Aldhizer & Weaver, PLC / Harrisonburg
Randall H. Wintory, Office of the Attorney General / Richmond

Locations, Dates and Fees

LIVE REGISTRATION FEES (Lunch, reception, and continental breakfasts included)
(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$380* regular registration fee (without printed materials).
$410 regular registration plus printed materials.
$365* discounted registration fee for pre-registering VSB Construction Law and Public Contracts Section members (without printed materials).
$395 discounted registration plus printed materials for pre-registering VSB Construction Law and Public Contracts Section members.
$425 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program.


Charlottesville / Friday and Saturday, November 4 and 5
Boar’s Head Inn (Venue Website / Google Map)
200 Ednam Drive
(434) 972-2230 or (800) 476-1988


In making your reservation, please mention that you will be attending the Virginia CLE® Construction Law Seminar. Requests for reservations must be made no later than Friday, October 1.

The Boar’s Head Inn (Conference Location)
200 Ednam Drive (Venue Website / Google Map)
(800) 476-1988

Instructions to make online reservations:

Please go to www.boarsheadinn.com and on the home page, select the dates and then “book now.” This will prompt you to another page, where you will select “Group” in the second box (drop-down box) where it reads “Negotiated Rate.” When selecting group, this will prompt you for a code; your code will be 10T3WV. After entering this, you will reach your designated group page, and proceed with your selections.

Please note, the room block has been set up to check in on November 4, 2016 with a check-out date of November 5, 2016. If any guests need to check in before or check out after the dates noted above, please call our reservation department directly.

We also have an additional room block available at:

Hampton Inn
2035 India Road (Venue Website / Google Map)
(434) 978-7888

A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.


To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. three business days before the seminar. A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar. Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

Registration Options
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Our Address

  • 105 Whitewood Road
    Charlottesville, VA 22901


  • Virginia CLE® is the non-profit educational division of the Virginia Law Foundation.

© 2016 Virginia Law Foundation