38th Annual Construction and Public Contracts Law 2017 Seminar Materials

Publication Date:	November 2017
Available Formats:	Print or Searchable PDF via immediate download, CD-ROM, or USB Flash Drive
Pages:	1,241

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This comprehensive, stand-alone publication is direct from the November 2017 seminar, cosponsored with the Construction Law and Public Contracts Section of the Virginia State Bar.

These seminar materials are an indispensable educational resource for both lawyers and industry representatives with a stake in construction law or public contracts matters.

The materials include an excellent review and analysis of the significant federal and state reported decisions and legislative changes involving construction and public contracts decisions from the past year. The topics also include: weapons in the workplace, employment law topics important to construction employers, the pitfalls of joint defense agreements, creating the concessionaire team, and mergers and acquisitions.

A Few Comments from Last Year’s Program

“This is always an excellent program.”
“Outstanding program presenting detailed, actionable information.”
“I always learn something new and I enjoy the questions and discussions.”

TOM SPAHN ON CONFIDENTIALITY: NON-CLIENTS’ MISCONDUCT
HYPOTHETICALS
Thomas E. Spahn

TOM SPAHN ON CONFIDENTIALITY: NON-CLIENTS’ MISCONDUCT
HYPOTHETICALS AND ANALYSIS
Thomas E. Spahn

P3 PROJECTS: CREATING THE CONCESSIONAIRE TEAM
Jennifer A. Mahar
Lakshmi N. Williams

I. Overview of Virginia’s P3 Statutes
       A. The Public-Private Transportation Act of 1995
       B. The Public-Private Education Facilities and Infrastructure Act
       of 2002
       C. Virginia Supreme Court Affirms P3 Statutes’ Use of Tolls and
       User-Fees in Elizabeth River Crossing OPCO, LLC v. Meeks,
       286 Va. 286 (2013)
       D. Examples of Virginia P3 Projects

II. Creating the Architecture of a Successful Concessionaire Team
       A. Common P3 Project Models
       B. Potential Concessionaire Team Members
       C. Creating the Legal Tie that Binds the Concessionaire Team
       D. Timing of the Agreement - Prequalification Requirements
       E. Key Provisions to Consider When Drafting Teaming or Joint
       Venture Agreements for the Concessionaire Team

III. Best Practices in Partnering Once Agreements Are in Place

M&A 101: BLUEPRINT FOR A DEAL
Kathleen Kelly
Sheila Sears

I. M&A Activity in the A/E/C Industry

II. Pre-Deal Considerations

III. Diligence

IV. Transaction Documents - Papering the Deal

V. Negotiation of the Documents

VI. Post-Deal Challenges

STICKS, BRICKS, TIPS AND TRICKS - FUN FACTS AND DETAILS ON
THREE RECENT VIRGINIA PROJECTS
Jaclyn McCormick
Stephen Pancham
Christopher J. Payne
Michael Prezioso

TAKE YOUR GUN TO WORK? OPEN AND CONCEALED CARRY OF
FIREARMS IN THE OFFICE AND ON THE JOBSITE
Douglas J. Cole
Spencer M. Wiegard

I. Introduction

II. Current Concealed Carry and Open Carry Laws
       A. Concealed Carry Laws
       B. Open Carry Laws
       C. Table of Current Open Carry and Concealed Carry Laws
       D. Virginia Carry Laws

III. Restrictions on Concealed Carry and Open Carry
       A. Restricting Open Carry
       B. Posting Requirements to Prohibit Open and Concealed Carry
       C. State Specific Language to Prohibit Concealed or Open Carry
       D. Placed Where Concealed and/or Open Carry is Prohibited
       E. Preemption

IV. Bring Your Gun to Work Laws

V. OSHA Investigations and Inspections Concerning Workplace Violence

VI. Claims of Negligent Hiring or Retention
       A. Negligent Hiring
       B. Negligent Retention

VII. Insurance Coverage

VIII. Tips to Protect Employees from a Workplace Shooting Incident

25 EMPLOYMENT LAW FACTS EVERY CONSTRUCTION LAWYERS
SHOULD KNOW
Scott W. Kezman

STATE GOVERNMENT CONSTRUCTION CONTRACTS: TIPS FOR
TURNING SQUARE CORNERS WHEN DEALING WITH THE GOVERNMENT
Randall H. Wintory

I. Introduction
       A. Justice Oliver Wendell Holmes’ Maxim: Contractors
       Must Turn Square Corners When They Deal with the
       Government
       B. Virginia Recognizes the Principles Underlying the Square
       Corners Maxim

II. Statutory Framework
       A. Public Contracts and Claims are Governed by Statutes
       B. Statutory Policy Behind Public Contracts

III. VPPA Statutes That Are Applicable to All State Agencies: Foundations
for Square Corners of Public Contracts
       A. Square Corners of Bidding

IV. Claims - Square Corners/Conditions Precedent/Mandatory
Prerequisites
       A. Primary Square Corner of Claims: Timely Written Notice of
       Intent to File Claim
       B. Claims
       C. Damages

V. “Appeal” from Agency/Public Body Decisions
       A. To Circuit Court
       B. Complaint Appealing Public Body’s Decision

VI. Appeal from Circuit Court
       A. VPPA Cases
       B. VDOT Cases
       C. Claim Suggestion - The State Sees a Lot of Claims and Know the
       Good from the Bad, So Don’t Submit Bad Claims, Please

VII. Questions/Concerns About a State Construction Contract

Attachment 1: English v. Commonwealth Opinion Letter

Attachment 2: AB v. Commonwealth Ops Final Order

Attachment 3: General Conditions Section 47

Attachment 4: VDOT Section 105.19

PERFORMANCE BONDS IN VIRGINIA
Michael C. Zisa

I. Performance Bond Requirements and Interpretation
       A. Public Projects
       B. Private Projects

II. Triggering the Surety’s Obligations

III. Surety’s Obligations

IV. Surety’s Liability - What is Covered, What is Not?
       A. Surety’s Liability - Generally
       B. Other Recoverable Costs

V. Surety Defenses to Claims Against Performance Bonds
       A. Contract Defenses
       B. Surety or Bond Defenses

BE CAREFUL WHO YOU GET INTO BED WITH: THE PITFALLS OF
JOINT DEFENSE AGREEMENTS AND COMMON INTEREST PRIVILEGE
Diana Lyn Curtis McGraw
Courtney Moates Paulk

THINKING THE UNTHINKABLES CONFLICTS WITH YOUR
INSURANCE COMPANY
C. Jay Robbins

INSURANCE COVERAGE FOR GENERAL TRADITIONAL CONSTRUCTION
RISK AND CONSTRUCTION INDEMNITY IN VIRGINIA
James C. Skilling

RECENT DEVELOPMENTS IN CONSTRUCTION AND PUBLIC CONTRACTS
LAW IN VIRGINIA
Scott W. Kowalski
Thomas M. Wolf

I. Contracts

II. Civil Procedure

III. Indemnity and Insurance

IV. Government Contracting

V. Mechanic’s Liens and Bond Claims

VI. Fraud/False Claims Act/Criminal

VII. Miscellaneous

VIII. Legislation

Authors

Thomas E. Spahn

Jennifer A. Mahar

Lakshmi N. Williams

Kathleen Kelly

Sheila Sears

Jaclyn McCormick

Stephen Pancham

Christopher J. Payne

Michael Prezioso

Douglas J. Cole

Spencer M. Wiegard

Scott W. Kezman

Randall H. Wintory

Michael C. Zisa

Diana Lyn Curtis McGraw

Courtney Moates Paulk

C. Jay Robbins

James C. Skilling

Scott W. Kowalski

Thomas M. Wolf