42nd Annual Construction Law and Public Contracts Seminar 2021

MCLE Credits: 12.0
Ethics Credits Included: 2.0

Friday and Saturday, November 5-6 / Charlottesville

Friday: 8:15 a.m. - 5:25 p.m. ET
Saturday: 8:00 a.m. - 12:20 p.m. ET

Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
MCLE Credit: 12.0 (Ethics: 2.0) Pending
Live-Interactive Credit: 12.0 Pending (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 2.0 Ethics (Designations Information)
Live on Site Registration Fees:

$469 regular registration (without printed materials).
$509 regular registration plus printed materials.
$449 discounted registration for VSB Construction
Law and Public Contracts Section members
(without printed materials).
$489 discounted registration plus
printed materials for VSB Construction
Law and Public Contracts Section members.

Webcast/Telephone Registration
Fees (E-book Only)
:
$429 regular registration.
$409 discounted registration for VSB
Construction Law and Public Contracts
Section members.

Information

Why Attend?

The premier substantive and networking program in the region!

  • Earn an entire year’s worth of Virginia MCLE credit, including two hours of ethics on conflicts of interest
  • 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: the adjudicatory and enforcement process before the Board for Contractors of the Virginia Department of Professional and Occupational Regulation; how the newly expanded Virginia Court of Appeals will affect appeals in civil cases; a review of the Hampton Roads Bridge-Tunnel expansion project; recent changes to Virginia and federal employment laws that impact contractors; how to advocate effectively in remote proceedings; an overview of the recently released ASCE Standard 71-21; how the Virginia Consumer Protection Act applies to residential construction cases; and solutions for working through settlement issues
  • 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
  • Option to attend via live-interactive Webcast or Telephone: Enjoy this can’t-miss program from the safety and convenience of your home or office, and still be able to ask questions of the speakers

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

Fully vaccinated persons have the option to attend live on site at the Boar's Head Resort in Charlottesville (attendance may be limited in accordance with any CDC guidance), OR anyone may attend the complete seminar virtually via Webcast or Telephone.

Please note: To attend the live program at the Boar’s Head Resort you MUST register and provide your proof of COVID vaccination (see below) no later than November 1.

For over 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.

New for this year, the program will also be live-streamed for a virtual webcast and phone audience.

This seminar is not eligible for discounts.

BRING YOUR FAMILY FOR A LONG WEEKEND!

Nestled in Virginia's Piedmont countryside, the recently renovated Boar's Head Resort promises world-class amenities in a setting uniquely Southern in character, charm, and natural beauty.

This exceptional resort includes AAA Four Diamond award-winning dining, attentive service, and first-class accommodations. Visitors enjoy golf, tennis, bicycling, hiking, fishing, hot air balloon rides, and a fitness club and spa, all within the grounds of the lush 573-acre estate. Add in the many attractions of Charlottesville and picturesque surroundings, and you will find the perfect venue for a long weekend getaway with your family.

For more detailed information about The Boar’s Head’s championship golf and tennis facilities, for an overview of the treatments and services at the Spa, and for a schedule of fitness classes at the Sports Club, please visit The Boar’s Head’s website at www.boarsheadresort.com.

We have a limited room block at the conference location, the beautiful Boar’s Head Resort, as well as at other local hotels. (See "Locations, Dates and Fees" tab for details.)

Revised Live-on-Site (In-Person) Seminar/COVID-19 Policy

Due to the extremely transmissible COVID-19 Delta variant, we are revising our COVID-19 policy accordingly, based on recent guidance from our medical advisors who are epidemiologists at Duke University Hospital (although their consulting firm is not affiliated with Duke University of Duke University Hospital). Thank you for understanding that your health and the health of everyone involved in a Virginia CLE® seminar is our number one priority.

Important Policy Update Regarding Faculty:

  1. Only unvaccinated speakers must wear a mask while presenting.
  2. The speaker podium will be 20 feet away from the attendees.
  3. There will be at least 6 feet of space between the panelists.

Please note: this policy for faculty was created by the VSB Construction Law and Public Contracts Section and not by the Virginia Law Foundation. Attendees must follow the policy below.


Requirements for attendees at Live-on-Site seminars:

  1. Vaccinations – Attendees can attend this program only if they have received their second shot of the Moderna or Pfizer vaccine, their one shot of the J&J vaccine, or a booster shot, after February 19. At least 14 days must have passed since their second shot of the Moderna or Pfizer vaccine, or their one shot of the J&J vaccine. Additionally, attendees must provide proof of vaccination by sending their vaccine card to tmoore@virginialawfoundation.org before 5:00 p.m. ET on Monday, November 1.
  2. Masking – Attendees and staff shall always wear properly fitting masks, covering the mouth and nose, while indoors except while in the actual act of eating and drinking.
  3. Social distancing – Attendees and staff will be seated socially distanced, staying at least 3 feet apart while indoors.
  4. Illness – Any attendee or staff member exhibiting symptoms including but not limited to apparent cold of flu-like symptoms, feverish, digestive discomfort, or any other symptom that might be linked to typical COVID-19 symptoms within 24 hours of the seminar shall not attend any portion of any Virginia CLE® program.

As time goes on we hope to be able to transition back to how things were pre-pandemic in all ways, but at this point we hope you understand our need to balance the very important need for your fellow attendees, faculty, and staff to feel safe, and for us to at this time require what we hope you will agree is a prudent step so we can do our best to ensure that safety is and always will be our number one concern.

This information will only be used to ensure entry for this program and no sensitive information will be saved or shared. You MUST email your vaccination card by Monday, November 1 to attend the live-on-site program. Registrants who cannot provide proof of vaccination (14 days since vaccination) will not be permitted to attend the live-on-site seminar. Walk-in registration is not permitted.

On July 27, 2021, the CDC updated their guidance to recommend masking for fully vaccinated persons in indoor settings in areas of substantial or high transmission. Per CDC tracker, the state of Virginia is at “substantial transmission.”

Questions or concerns regarding Virginia CLE’s COVID-19 policy for this event may be directed to tmoore@virginialawfoundation.org.

To learn more about COVID-19, please visit the CDC's website.

Please revisit this webpage routinely for updates regarding this policy.

The Boar’s Head abides by all Centers of Disease Control and Prevention (CDC) guidelines, and is taking extra steps to keep everyone safe. The Boar’s Head’s Coronavirus policies can be found at: https://www.boarsheadresort.com/coronavirus

 

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
Live on Site: Registration for the live-on-site option will close at 5:00 p.m. on THURSDAY, NOVEMBER 4.
No Walk-in registration is permitted.

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $99 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.

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

LIVE-ON-SITE/WEBCAST/TELEPHONE COURSE SCHEDULE (November 5-6) (Eastern Time)

FRIDAY, NOVEMBER 5

8:00 Registration
8:15 Introductory Remarks
Randall (Randy) H. Wintory
8:30 Conflicts of Interest: A Practical Roadmap
Thomas E. Spahn

This interactive program uses hypotheticals to explore basic conflicts-of-interest rules, including: the general prohibition on adversity to current clients; the definition of "client" for conflicts purposes (including corporations, associations, estates, and others); the definition of "adversity" for conflicts purposes (including business adversity, adverse financial impact, discovery of clients, and positional adversity); the complex rules governing joint representations; the more subtle standard governing adversity to former clients; determining the status of an attorney-client relationship; application of the "substantial relationship" standard; “material limitation” conflicts; lawyers’ ability to withdraw from a representation to cure a conflict (including the "hot potato" rule); consents that can cure conflicts (including the revocability of consents and prospective consents); disqualification motions based on conflicts of interest (including standards, process, and effects).
10:30 Break
10:40 DPOR, Virginia Board for Contractors: The Adjudicatory and Enforcement Process
Stephen Kirschner, Eric L. Olson

This session will review and summarize the adjudicatory and enforcement process before the Board for Contractors of the Virginia Department of Professional and Occupational Regulation (DPOR). Learn when and what to do (and not do) before the Board for Contractors from the Executive Directors of three DPOR Boards.
11:40 The Newly Expanded Court of Appeals: Civil Appeals of Right
Jennifer L. Fuschetti, Monica T. Monday

During the 2021 session, the Virginia General Assembly passed legislation expanding the number of judges on the Court of Appeals from 11 to 17. Effective January 1, 2022, the jurisdiction of the Virginia Court of Appeals will also be expanded, providing an appeal of right in every civil case, and an appeal of right for defendants in criminal cases. This panel will discuss how the changes to the newly expanded Court of Appeals will affect appeals in civil cases.
12:40 Lunch (provided at live-on-site program)
1:00 Lunch Presentation: Sticks and Bricks— The Hampton Roads Bridge-Tunnel Expansion Project
Jeffrey G. Gilmore, James S. Utterback

The HRBT Expansion is the largest highway construction project and the first P3 design-build project in Virginia’s history. This session will review the Project scope and unique contract mechanisms under Virginia’s Public-Private Partnership legislation and discuss the usage of the disputes review board process for the tunneling scope of the project.
1:45 Break
2:00 Recent Changes to Virginia and Federal Employment Laws That Impact Contractors
Anne G. Bibeau, James R. Harvey

This session will discuss recent changes to employment law that affect construction clients, including Virginia’s wage theft law, overtime law, limited ban on non-compete agreements, and worker misclassification. The speakers will also discuss the still-evolving issue of project labor agreements (PLAs) in Virginia and the latest on COVID workplace guidance.
3:00 Practicing Law the Jetsons’ Way: Effective Advocacy in Remote Proceedings
Hon. Erica S. Beardsley, James W. Barkley, Alison R. Mullins

The Jetsons was a cartoon about a family that lived in a comical version of the future, with elaborate robotic contraptions, holograms, and whimsical inventions—e.g., video conferencing. This session will highlight both the pitfalls and the advantages of remote mediation, arbitration, litigation, deposition, motion hearing, etc., as well as tips on how to advocate effectively for your clients in such “virtual appearances” in the Jetsons-like era of today.
4:00 Break
4:15 Identifying, Quantifying and Proving Loss of Productivity: An Overview of the Recently Released ASCE Standard 71-21
Joseph R. Hellenbrand, Todd Mayo

Learn how to establish loss of productivity and disruption claims in construction projects utilizing ASCE’s recently issued standard—Identifying, Quantifying, and Proving Loss of Productivity (71-21).
5:25 Adjourn
5:30 Cocktail Reception (for attendees and faculty at Boar’s Head Resort)
  • Sign-in for live seminar attendees in Charlottesville begins at 8:00 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

SATURDAY, NOVEMBER 6

8:00 Challenges and Opportunities Involving the VCPA in Construction Cases
Joshua C. Johnson, James J. O’Keeffe, IV

This presentation will outline the basics of the application of the Virginia Consumer Protection Act (VCPA) to residential construction cases. It will include a brief summary of those aspects of the VCPA applicable to construction, and it will assess some of the complicated issues, opportunities, and challenges that arise when the VCPA comes up in a construction context.
9:00 Break
9:10 Checklist for Construction Settlements
K. Brett Marston, Lauren P. McLaughlin

So you have reached an agreement on the dollar amount of a settlement, but now what? Often resolving the dollar amounts of a construction dispute are the easiest parts of a settlement. There are many other issues that can cause a deal to get hung up, including the scopes of releases, warranties, third-party rights, confidentiality, non-disparagement, indemnification, assignment of rights, or impacts of future bankruptcy. All of these, and more, need to be considered when resolving construction disputes, and should be thought about before a financial settlement is achieved. This presentation will identify and provide suggested solutions for working through these sticky “settlement” issues.
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
Randall (Randy) H. Wintory
  • 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

Hon. Erica S. Beardsley,
United States Civilian Board of Contract Appeals / Washington, DC
James W. Barkley, The McCammon Group / Charlottesville
Anne G. Bibeau, Vandeventer Black LLP / Norfolk
Jennifer L. Fuschetti, Garriott Maurer, PLLC / Virginia Beach
Jeffrey G. Gilmore, Akerman LLP / Washington, DC
James R. Harvey, Vandeventer Black LLP / Norfolk
Joseph R. Hellenbrand, Capital Project Management, Inc. / Blue Bell, PA
Joshua C. Johnson, MichieHamlett / Roanoke
Stephen Kirschner, DPOR/Board for Cosmetology/ Richmond
Scott W. Kowalski, Petty, Livingston, Dawson & Richards / Lynchburg
K. Brett Marston, Gentry Locke Rakes & Moore / Roanoke
Todd Mayo, Capital Project Management, Inc. / New York, NY
Lauren P. McLaughlin, Smith, Currie & Hancock LLP / Tysons
Monica T. Monday, Gentry Locke Rakes & Moore / Roanoke
Alison R. Mullins, Shannon Mullins and Wright, LLP/ Alexandria
James J. O’Keeffe, IV, MichieHamlett / Roanoke
Eric L Olson, DPOR/Board for Contractors / Richmond
Thomas E. Spahn, McGuireWoods LLP / McLean
James S. Utterback, Virginia Department of Transportation / Norfolk
Thomas M. Wolf, Miles & Stockbridge / Richmond

MODERATOR

Randall (Randy) H. Wintory, Virginia Department of Transportation / Richmond

FALL PROGRAM PLANNING COMMITTEE

Jesse B. Gordon, Pender Coward / Virginia Beach
Joshua C. Johnson, MichieHamlett / Roanoke
Alison R. Mullins, Shannon Mullins and Wright, LLP/ Alexandria
Jonathan J. Straw, Kraftson Caudle / McLean
Spencer M. Wiegard, Gentry Locke Rakes & Moore / Roanoke

Locations, Dates and Fees

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

$469 regular registration (without printed materials).
$509 regular registration plus printed materials.
$449 discounted registration for VSB Construction Law and Public Contracts Section members (without printed materials).
$489 discounted registration plus printed materials for VSB Construction Law and Public Contracts Section members.


LIVE LOCATION AND DATES

CHARLOTTESVILLE / Friday and Saturday, November 5 and 6
The Boar’s Head Resort (Venue Website / Google Map)
Route 250 West
(434) 296-2181 or (855) 452-2295

COVID PRECAUTIONS

The Boar’s Head abides by all Centers of Disease Control and Prevention (CDC) guidelines, and is taking extra steps to keep everyone safe.  The Boar’s Head’s Coronavirus policies can be found at:  https://www.boarsheadresort.com/coronavirus


OVERNIGHT ACCOMMODATIONS

We have a limited number of rooms available at The Boar’s Head Resort (Conference Location) To reserve a room: Click here.

Boar’s Head Resort
200 Ednam Dr
Charlottesville VA 22903
(866) 996-7504

To make a reservation by phone, please call the Reservations Office at 434-972-2250.

Hyatt Place Charlottesville
2100 Bond Street
Charlottesville, VA 22901
800-993-4751

We also have a room block available at the Hyatt Place Charlottesville. You may book your room by calling 800-993-4751 and mention the Group Code: G-VCN1.



WEBCAST/TELEPHONE REGISTRATION FEES (November 5 and 6)
(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$429 regular registration.
$409 discounted registration for VSB Construction Law and Public Contracts Section members.


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.

For the live-on-site format, 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: At the live-on-site seminar in Fairfax only, 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.


Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $99 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.

Register
  • Add to Cart
Bundlediscounts  designationssidebar  Buy a 16-Credit Online Bundle and get two free books of your choice.  Calendar probonodiscount National Interest  Essentials Seminars