40th Annual Construction Law and Public Contracts Seminar 2019

MCLE Credits: 12.0
Ethics Credits Included: 2.0

Live on Site:	Friday and Saturday, November 1 and 2 / Boar's Head Resort, Charlottesville
Registration:	8:00 a.m.
Program:	November 1: 8:15 a.m. - November 2: 12:20 p.m.
MCLE Credit:	12.0 (Ethics: 2.0)
Live-Interactive Credit:	12.0

Information
Schedule
Faculty
Locations, Dates and Fees

Information

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 Resort 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: current trends in the immigration arena, how a surety views insolvency, getting the most out of mediation, employers' duties and issues confronted in compliance with and contesting violations of OSHA and VOSH regulations, state and federal requirements regarding expert disclosures, and proving and pricing complex claims

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

The premier substantive and networking program in the region!

For 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

“Informative, timely, interesting, extremely helpful.”
“Top quality all around.”
“Virginia is very fortunate to have a CLE program such as this one.”

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.

Schedule

COURSE SCHEDULE

FRIDAY, NOVEMBER 1

8:00	Registration
8:15	Introductory Remarks Hanna L. Blake
8:30	Mediation Ethics Thomas E. Spahn This interactive presentation uses hypotheticals to explore ethics issues facing lawyers who act as mediators or represent clients in mediations. Among other things, the session will cover: mediators' pre-mediation obligations (including disclosure of conflicts, and unauthorized practice of law issues); lawyers' pre-mediation obligations (including multijurisdictional, collaborative lawyering, and work product issues); mediators' duties during mediations (including deception, confidentiality, unauthorized practice of law, and conflicts issues); lawyers' duties during mediations (including negotiation ethics, dealing with adversaries' substantive mistakes and scriveners' errors, privilege and work product waiver issues); mediators' post-mediation issues (including liability, conflicts, confidentiality issues, and possible duty to report child abuse and lawyers' misconduct); lawyers' post-mediation issues (including confidentiality, and settlement enforcement issues).
10:30	Break
10:40	When ICE Kknocks: Employers’ Issues and Duties for Immigration and Compliance in Today’s Environment Tom C. Narvaez, Jennifer L. West This session will navigate current trends in the immigration arena and best practices for employers regarding our complex immigration and compliance laws.
11:40	From the Surety’s Perspective: When a Contractor Hits the Zone of Insolvency or Files for Bankruptcy Marguerite L. DeVoll, Jennifer L. Kneeland This program will provide a step-by-step process and demonstrate how a surety views the insolvency or potential insolvency by the principal on a payment or performance bond for the benefit of an obligee. The speakers will explain the basic framework and parties involved in a suretyship relationship, as well as exploring how a surety may view financial “shakiness” on the part of the principal, and the steps that the surety can be expected to take in order to prepare to discharge its obligations under a performance or payment bond.
12:40	Lunch (provided at program)
1:00	Lunch Presentation: Sticks and Bricks—Cavalier Hotel Renovation (Part Deux) in Virginia Beach Hannah L. Blake, David Mykins, Greg Rutledge This is a continuation of last year’s Sticks and Bricks program regarding the renovation of the 87-year-old Cavalier Hotel and the 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. The session will include a discussion of Va. Code Ann. Sec. 15.2-2306 and Sec. 1.2-2201.
1:45	Break
2:00	Getting the Most Out of Mediation: Preparation, Persuasion, and Patience Stephan F. (Hobie) Andrews, James W. Barkley, Courtney Moates Paulk Mediation is a well-established form of dispute resolution, but how do we know whether we are getting the most out of the process? In this presentation, the panel will describe and discuss how and why thorough preparation, thoughtful persuasion, and maintaining patience are critical to maximizing the benefits of mediation.
4:00	Break
4:15	When OSHA Knocks: Employers’ Issues and Duties for Compliance and Violation Contest K. Brett Marston, Jay Withrow 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.
5:25	Adjourn
5:30	Cocktail Reception and 40th Anniversary Celebration

SATURDAY, NOVEMBER 2

8:00	Construction Damages: The Road from Speculative to Reasonably Certain Mark I. Anderson, Daniel J. Kraftson Practical advice and real-world examples in proving and pricing complex claims with insight into recent developments in state and federal contracting.
9:00	Break
9:10	Expert Disclosures: State and Federal Requirements Hon. Elizabeth K. Dillon, Hon. J. Frederick Watson This session will examine the similarities and differences in the requirements for expert disclosures in state and federal litigation.
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 Hanna L. Blake

Faculty

FACULTY

Hon. Elizabeth K. Dillon, U.S. District Court, Western District of Virginia / Roanoke
Hon. J. Frederick Watson, Nelson County Circuit Court / Lovingston
Mark I. Anderson, Exponent, Inc. / Alexandria
Stephan F. (Hobie) Andrews, O’Hagan Meyer / Richmond
James W. Barkley, Morin & Barkley / Charlottesville
Hanna L. Blake, Watt, Tieder, Hoffar & Fitzgerald, LLP / McLean
Marguerite Lee DeVoll, Watt, Tieder, Hoffar & Fitzgerald, LLP / McLean
Jennifer L. Kneeland, Watt, Tieder, Hoffar & Fitzgerald, LLP / McLean
Scott W. Kowalski, Petty, Livingston, Dawson & Richards / Lynchburg
Daniel J. Kraftson, Kraftson Caudle LLC / McLean
K. Brett Marston, Gentry Locke Rakes & Moore / Roanoke
David Mykins, Lynch Mykins / Virginia Beach
Tom C. Narvaez, Williams Mullen / Richmond
Courtney Moates Paulk, Hirschler Fleischer / Richmond
Greg Rutledge, Hanbury / Norfolk
Thomas E. Spahn, McGuireWoods LLP / McLean
Jennifer L. West, Roth Jackson / Richmond
Jay Withrow, Virginia Department of Labor and Industry / Richmond
Thomas M. Wolf, Miles & Stockbridge / Richmond

MODERATOR

Hanna L. Blake, Watt, Tieder, Hoffar & Fitzgerald, LLP / McLean

FALL PROGRAM PLANNING COMMITTEE

Hanna L. Blake, Watt, Tieder, Hoffar & Fitzgerald, LLP / McLean
Christopher S. Boynton, City Attorney’s Office / Virginia Beach
Christopher G. Hill, The Law Office of Christopher G. Hill, PC / Richmond
Chandra D. Lantz, Office of the Attorney General / Richmond
J. Barrett Lucy, Freeman Dunn Alexander Gay Lucy & Coates / Lynchburg
Alison R. Mullins,Shannon Mullins and Wright, LLP/ Alexandria
Gregory T. St. Ours, Wharton Aldhizer & Weaver, PLC / Harrisonburg
Jonathan J. Straw, Kraftson Caudle / McLean

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.)

$420* regular registration fee (without printed materials).
$450 regular registration plus printed materials.
$400* discounted registration fee for pre-registering VSB Construction Law and Public Contracts Section members (without printed materials).
$430 discounted registration plus printed materials for pre-registering VSB Construction Law and Public Contracts Section members.
$470 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program.

LIVE LOCATION AND DATES

Charlottesville / Friday and Saturday, November 1 and 2
Boar’s Head Resort (Venue Website / Google Map)
200 Ednam Drive
(844) 611-8066

OVERNIGHT ACCOMMODATIONS

We have a limited number of rooms available at The Boar’s Head Resort (Seminar Location).

The Boar’s Head Resort
200 Ednam Drive (Venue Website / Google Map)
(844) 611-8066

Please use the following link for web reservations:

https://gc.synxis.com/rez.aspx?Hotel=79183&Chain=22591&template=RBE&shell=RBE&arrive=10/31/2019&depart=11/3/2019&adult=1&child=0&group=314

The booking ID is code 314 and the phone number for Reservations is : (844) 611-8066.

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

We also have a room block available at Homewood Suites. 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.

http://homewoodsuites3.hilton.com/en/hotels/virginia/homewood-suites-by-hilton-charlottesville-va-CHOCNHW/index.html

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

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

REGISTRATION DEADLINES

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^®.

Inclement Weather Policy and Updates.

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.