41st Annual Construction Law and Public Contracts Seminar 2020

MCLE Credits: 6.0
Ethics Credits Included: 0.0

Friday, November 6, 9:00 a.m. - 4:20 p.m. ET Live Webcast Live Telephone
Friday, December 4, 9:00 a.m. - 4:30 p.m. ET Live Webcast Live Telephone
MCLE Credit:	12.0 (Ethics: 2.0) Nov 6 & Dec 4 6.0 (Ethics: 2.0) Nov 6th Only 6.0 (Ethics: 0.0) Dec 4th Only
Live-Interactive Credit:	12.0 2-Day Seminar (all formats) 6.0 (November 6th Only, all formats) 6.0 (December 4th Only, all formats)
Registration Fees:	Nov 6th & Dec 4th $369 regular registration $349 discounted registration for VSB Construction Law and Public Contracts Section members Nov 6th Only $299 regular registration $289 discounted registration for VSB Construction Law and Public Contracts Section members Dec 4th Only $299 regular registration $289 discounted registration for VSB Construction Law and Public Contracts Section members

Information
Schedule
Faculty
Locations, Dates and Fees

Information

Why Attend?

Earn an entire year’s worth of Virginia MCLE credit (including two hours of ethics) if you sign up for both dates, from the safety and comfort of your home
Enjoy this year’s wonderfully diverse lineup of topics, including: tips and insights to practicing with in-house counsel; the unique features of Virginia’s public-private toll concessions; current developments in arbitration; recent statutory amendments and case law regarding mechanic’s liens; COVID-19 complications for construction contracting; practical and evidentiary matters when presenting complex construction issues to a jury; and litigation 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

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

This is the region’s PREMIER Construction and Public Contracts program.

For over four decades, this has been THE go-to program for both lawyers and industry representatives with a stake in construction law or public contracts matters. While COVID-19 concerns are preventing this program from occurring at the Boar’s Head Resort this year, the planning committee and faculty have worked hard to offer you the same high-quality instructional content through a remotely delivered option still providing live-interactive credit. This year the program is divided up over two days—November 6 and December 4. You can choose to attend either or both days.

As usual, the full seminar (both days combined) offers a full year’s worth of CLE credit for Virginia attorneys and an indispensable educational 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

“Excellent seminar, good topics delivered by experienced lawyers.”
“This is always a great program.
“Overall—fantastic—keep it up!”
“Excellent in all particulars!”

Discounts available for Virginia CLE webcast-telephone-live seminars

Registration Deadlines:
Webcast:	10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone:	Online registration ends at 11:59 p.m. the day preceding the seminar Call (800) 979-8253 to register up to one hour prior to the seminar

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

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

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 (November 6 and December 4) (Eastern Time)

Friday, November 6

9:00	Introductory Remarks Scott W. Kowalski
9:10	Litigation Ethics Thomas E. Spahn This session will use hypotheticals to explore topics of interest to litigators (and transactional lawyers whose clients might face litigation) including such issues as: (1) lawyers' communications (including talking to the press about cases and criticizing judges); (2) deceptive discovery tactics (including tape recording telephone calls, and use of admittedly deceptive tactics in public interest investigations such as housing discrimination tests, and in purely commercial investigations); (3) dealing with fact witnesses (including the permissibility of paying fact witnesses for their time, and preparing them for testimony); (4) claims (including "ghostwriting" pleadings, and filing knowingly time barred claims); (5) settlements (including acceptable levels of deception during settlement negotiations, silence about the law and facts, and the enforceability of settlement agreements); (6) dealing with courts (including the duty to disclose unfavorable facts and law).
11:10	Break
11:20	Tips to Successful Relationships: An In-House Counsel’s Perspective Nathaniel J. McGovern and Valerie J. Reid This session will provide tips and insights to efficiently and competently practice with in-house counsel and the potential issues arising therefrom, so as to avoid disciplinary complaints or client dissatisfaction.
12:20	Lunch Break
1:00	Sticks and Bricks—The Route 460 Connector Project Preston E. Breeding, Spencer M. Wiegard, and Lester R. Wimpy This session will examine the contract and construction-related legal issues involved in Phases I and II of the Route 460 Connector Project in Buchanan County.
2:00	Break
2:10	Unique Features of Virginia’s Public-Private Toll Concessions S. Michael Westermann and Ryan J. Pedraza This session will take a brief comparative view of Virginia’s public-private partnership statutes as compared to traditional public procurement. It will then describe several of Virginia’s public-private toll concession project (which combine design, construction, financing, operations, and maintenance over long-term concessions), and will discuss several key unique commercial features.
3:10	Break
3:20	Arbitration: Recent Developments and Considerations for the Construction and Public Contract Law Arena James C. Cosby and Jesse S. Keene A review of significant recent case law developments and how the practice of this ADR mechanism may be changing.
4:20	Adjourn

Friday, December 4

9:00	Introductory Remarks Scott W. Kowalski
9:10	Mechanic’s Liens Update 2020 Christopher G. Hill and Spencer M. Wiegard An examination of recent statutory amendments and case law.
10:10	Break
10:20	C4: COVID-19 Complications for Construction Contracting Christen C. Church and Maxwell H. Wiegard Forgiveness of Paycheck Protection Program funds and considerations in light of the Coronavirus for parties to a construction or public contract.
11:50	Lunch Break
12:50	Swimming with Sharks: Litigating a Construction Case to a Jury Hon. David W. Lannetti, Kathleen O. Barnes, and Robert K. Cox Practical and evidentiary matters when presenting complex construction issues to a jury.
2:20	Break
2:30	Recent Developments in Virginia Construction and Public Contracts Law Scott W. Kowalski and 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.
4:30	Concluding Remarks Scott W. Kowalski

Q&A will be handled via chat room for Webcast attendees.
Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Kathleen O. Barnes, Watt, Tieder, Hoffar, & Fitzgerald, LLP / McLean
Preston E. Breeding, 3B Consulting Services, LLC / Lebanon
Christen C. Church, Gentry Locke / Roanoke
James C. Cosby, O'Hagan Meyer / Richmond
Robert K. Cox, Williams Mullen / McLean
Christopher G. Hill, The Law Office of Christopher G. Hill, PC / Glen Allen
Jesse S. Keene, Cozen O’Connor / Washington, DC
Scott W. Kowalski, Petty, Livingston, Dawson & Richards / Lynchburg
Hon. David W. Lannetti, Norfolk Circuit Court / Norfolk
Nathaniel J. McGovern, Banker Steel Co., LLC / Lynchburg
Ryan J. Pedraza, Hunton Andrews Kurth, LLP / Richmond
Valerie J. Reid, ECS / Alexandria
Thomas E. Spahn, McGuireWoods LLP / McLean
S. Michael Westermann, Office of the Attorney General / Richmond
Maxwell H. Wiegard, Gentry Locke / Roanoke
Spencer M. Wiegard, Gentry Locke / Roanoke
Lester R. Wimpy, Bizzack Construction, LLC / Lexington, KY
Thomas M. Wolf, Miles & Stockbridge / Richmond

MODERATOR

Scott W. Kowalski, Petty, Livingston, Dawson & Richards / Lynchburg

FALL PROGRAM PLANNING COMMITTEE

Hanna L. Blake, Watt, Tieder, Hoffar, & Fitzgerald, LLP / McLean
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
Jonathan J. Straw, Kraftson Caudle / McLean
Spencer M. Wiegard, Gentry Locke / Roanoke