39th Annual Construction Law and Public Contracts Seminar

MCLE Credits: 12.0
Ethics Credits Included: 2.0

Live on Site: Friday and Saturday, November 2 and 3 / Boar's Head Inn, Charlottesville
Registration: 8:00 a.m.
Program: November 2: 8:15 a.m. - November 3: 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 at the beautiful Boar’s Head Inn in Charlottesville
  • Earn an entire year’s worth of Virginia MCLE credit, including two hours of ethics
  • Receive an excellent review and analysis of the significant federal and state reported decisions and legislative changes involving construction and public contracts topics from the past year
  • Enjoy this year’s wonderfully diverse lineup of topics, including: design-build issues, mechanic’s liens, delay and loss of productivity evidence, pass-through claims, environmental considerations, judicial perspectives of a construction case, and navigating the confusing world of licensing

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 the best of many different CLE opportunities I have attended.  The speakers and attendees are all of very high quality and experience.”
“Great place to get info and updates.” 
“Excellent quality – excellent value.”
“I attend this seminar every year and it is always excellent.”

This seminar is not eligible for discounts.

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




8:00 Registration
8:15 Introductory Remarks

J. Barrett Lucy

8:30 Ethics: Confidentiality: Part V (Clients’ Past and Ongoing Misconduct)
Thomas E. Spahn

This interactive program uses hypotheticals to explore lawyers’ confidentiality and disclosure duties in the context of clients’ past or ongoing misconduct.

10:30 Break
10:40 Design-Build Issues
Speakers TBD

This session will navigate the negotiation and ramifications of liability shifting on design-build projects when there are less people to point the finger of blame at when issues arise.
11:40 Mechanic’s Liens: Recent Developments and Avoiding the Landmines
Steven M. Blatt, James L. Windsor

A discussion regarding the recent statutory and case law developments regarding mechanic’s liens and strategies on how to avoid the landmines and risks inherent in perfecting and enforcing a mechanic’s lien in Virginia.
12:40 Lunch (provided at program)
1:00 Lunch Presentation: Sticks and Bricks—Cavalier Hotel Renovation in Virginia Beach
J. Barrett Lucy, David Mykins, Greg Rutledge  

The renovation of the 87 year-old Cavalier Hotel posed many challenges that ranged from extensive work on the structural frame to delicate restoration of historic building fabric. This session will explore the damage caused by years of neglect and the solutions to repair and rehabilitate this iconic building while retaining its historic integrity.              
1:45 Break
2:00 Delay and Loss of Productivity Evidence: How to Efficiently and Persuasively Present this Evidence to Virginia Judges and Juries
Daniel E. Toomey, Peter S. Vosbikian

Trying construction cases before Virginia federal and state court judges, let alone juries in those courts, is difficult enough, but, presenting delay and loss of productivity evidence in an understandable and interesting way is a challenge for even the most seasoned trial practitioner. And yet, when cases are not resolved in mediation and there is no arbitration clause in the construction contract, there may be no alternative. This session will explore and discuss techniques in which attorneys and experts can work together to develop strategies and tactics to present and prove delay and disruption evidence efficiently and effectively.

3:00 What Every Practitioner Should Know About Pass-Through Claims
Andrew N. Cook, Lauren P. McLaughlin

Attendees will be briefed on recent, key decisions addressing the validity of pass-through claims.  The speakers will also examine and explore the benefits, pitfalls, and necessary considerations of this type of claim submission.  Because of the frequency with which this topic arises, all angles and perspectives will be addressed — owner, general contractor, and subcontractor, on both public and private projects.
3:45 Break
3:55 Environmental Considerations on Construction Projects
Heather N. Stevenson

This session will explore the most common environmental issues related to construction projects and provide suggestions to improve compliance and to help minimize or avoid unintended (and potentially unpermitted) impacts.

4:40 Wine + Construction = Issues
Clark H. Worthy   

Being the 5th ranked in the U.S. with the most wineries, and having over 150 wineries operating in the commonwealth, Virginia is sure to have its fair share of construction issues novel to the winery industry. This seminar will explore such challenges and issues.

5:25 Adjourn
5:30 Cocktail Reception


8:00 Judicial Perspective of a Construction Case
Hon. Stanley Klein, Hon. Douglas E. Miller

The view of a construction case as seen through the rose-colored glasses of a judge and/or arbitrator. How to win over the fact finder.
9:00 Break
9:10 007 May Have a License to Kill, But You Can Only Pave a Driveway — How Not to Look Like a First Year Law Student in Front of a Regulatory Board
Christopher G. Hill, Eric L. Olson

The speakers will navigate the confusing world of licensing in Virginia's construction world and explain what you need to know when you talk to the folks at a regulatory agency.
10:10 Break
10:20 Recent Developments in Construction and Public Contracts Law in Virginia
Scott W. Kowalski, Thomas M. Wolf

This session will review and analyze the significant federal and state reported decisions and legislative changes involving construction and public contracts topics.            

12:20 Concluding Remarks
J. Barrett Lucy



Hon. Stanley Klein
, Blankingship & Keith, P.C. / Fairfax
Hon. Douglas E.  Miller, U.S. District Court, Eastern District of Virginia / Norfolk
Steven M. Blatt, Julias & Blatt, PC / Harrisonburg
Andrew N. Cook, K & L Gates LLP / Washington, DC
Christopher G. Hill, The Law Office of Christopher G. Hill, PC / Glen Allen
Scott W. Kowalski, Petty, Livingston, Dawson & Richards / Lynchburg
J. Barrett Lucy, Freeman Dunn Alexander Gay Lucy & Coates / Lynchburg
Lauren P. McLaughlin, BrigliaMcLaughlin, PLLC / Tysons Corner
David Mykins, PE – Lynch Mykins Structural Engineers / Virginia Beach
Eric L. Olson, Board for Contractors, Department of Professional and Occupational Regulation / Richmond
Greg Rutledge, AIA – Hanbury Architects / Norfolk
Thomas E. Spahn, McGuireWoods LLP / McLean
Heather N. Stevenson, McGuireWoods LLP / Richmond
Daniel E. Toomey, McManus & Felsen LLP / Washington, DC
Peter S. Vosbikian, CCP, CFCC, FTI Consulting / Philadelphia, PA
James L. Windsor, Kaufman & Canoles / Virginia Beach
Thomas M. Wolf, LeClairRyan / Richmond
Clark H. Worthy, Gentry, Locke, Rakes & Moore LLP / Roanoke


J. Barrett Lucy, Freeman Dunn Alexander Gay Lucy & Coates / Lynchburg


Christopher S. Boynton, City Attorney’s Office, City of Virginia Beach / Virginia Beach
Shannon J. Briglia, BrigliaMcLaughlin, PLLC / Tysons Corner
Mark D. Crawford, The Law Offices of Mark D. Crawford, PLLC / Arlington
Christopher G. Hill, The Law Office of Christopher G, Hill, PC / Richmond
J. Barrett Lucy, Freeman Dunn Alexander Gay Lucy & Coates / Lynchburg
Alison R. Mullins,Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, LLP/ Alexandria
Gregory T. St. Ours, Wharton Aldhizer & Weaver, PLC / Harrisonburg

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.)

$400* regular registration fee (without printed materials).
$430 regular registration plus printed materials.
$385* discounted registration fee for pre-registering VSB Construction Law and Public Contracts Section members (without printed materials).
$415 discounted registration plus printed materials for pre-registering VSB Construction Law and Public Contracts Section members.
$445 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program.


Charlottesville / Friday and Saturday, November 2 and 3
Boar’s Head Inn (Venue Website / Google Map)
200 Ednam Drive
(434) 972-2230 or (800) 476-1988


Virginia CLE has arranged to offer a 4-hour local wine tour to Pippin Hill, Veritas, and King Family Vineyards after the seminar with Vine 2 Wine Tours.  Pickup is at 12:45 p.m. on Saturday from the Boar’s Head, with a return to the Boar’s Head.  For pricing and availability, contact Jessica Ray at 434-806-3449.  Book early to ensure availability.


We have room blocks available (first come, first served) at the following locations:

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

Please note, the room block has been set up to check in on November 1, 2018 with a check-out date of November 3, 2018. To make a reservation, please call 866-996-7504 to speak with a reservation agent and, have them reference VA CLE Construction Law PARTICIPANTS.  The Code for the block is 10Z5R9. 

We have an additional room block available at:

Homewood Suites
2036 India Road (Venue Website / Google Map)
(434) 244-6200

You may book online by using the link below or by contacting the hotel directly. Please reference the group name, VA CLE, or group code, VAC, when booking your reservations.

A limited number of rooms are being held at the Hampton Inn: 

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

You may book your room by calling 434-978-7888 or online at www.hamptoninn.com with group code “CLE.”  Please identify yourself as being part of the VA CLE Construction Law Conference.

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.

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