44th Annual Construction Law and Public Contracts Seminar 2023

MCLE Credits: 12.0
Ethics Credits Included: 2.0

Friday, November 3, 8:15 a.m.–5:25 p.m. ET and Saturday, November 4, 8:00 a.m.–12:25 p.m. ET Live on Site at The Boar's Head Resort 200 Ednam Dr. Charlottesville, VA 22903 Live Webcast Live Telephone
MCLE Credit:	12.0 (Ethics: 2.0) Pending
Live-Interactive Credit:	12.0 (all formats) Pending
Designation Credit:	2.0 Ethics (Designations Information)
Live on Site Registration Fees:	$469 regular registration $449 discounted registration for VSB Construction Law and Public Contracts Section members
Webcast/Telephone Registration Fees:	Webcast: $469 regular registration Webcast: $449 discounted registration for VSB Construction Law and Public Contracts Section members Telephone: $489 regular registration Telephone: $469 discounted registration for VSB Construction Law and Public Contracts Section members

(Downloadable e-book seminar materials only. Printed materials will NOT be available.)

Information
Schedule
Faculty
Locations, Dates and Fees

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 for construction lawyers
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 delightfully diverse lineup of topics, including: construction funding and contracting background and a review of some military construction contracting issues, specifically those faced in military construction; payment bond claim procedures under the Federal Miller Act and Virginia State Little Miller Act; the Virginia International Gateway Port Expansion; how to use software and technology effectively and tips about how to prepare for trial and ensure a smooth presentation at trial; how to litigate and manage risks associated with concrete work installed for construction projects; preserving error in the trial court and beyond; insights on navigating several key trends in renewable energy construction projects, including supply chain problems, warranty and defect concerns, and stormwater and environmental issues; tort liability in construction projects including economic loss, repose, workers’ compensation and vicarious liability; and an overview of the year’s most important developments in Construction and Public Contracts law
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 the complete program virtually via live-interactive webcast or telephone: Enjoy this can’t-miss program from the 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

For more than 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.

This year you may attend the full, 12-hour seminar: (1) in person, live on site at the Boar's Head Resort, where attendees can network, exchange ideas, and enjoy the Friday evening cocktail reception, OR (2) virtually via live-interactive webcast or telephone.

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE^® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE^® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

This program is not eligible for New Lawyer, Government, Legal Aid, Law Student, Paralegal, or Pro Bono discounts. For ways to save, please consider an Elite Unlimited Pass or an Online+ Bundle.

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.

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

OVERNIGHT ACCOMMODATIONS

We have a limited room block at the seminar location, the Boar’s Head Resort, as well as at another local hotel. See details.

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:	Online registration ends at 11:59 p.m. the day preceding the seminar Walk-in registration is permitted on a space-available basis

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.

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 on demand 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 3-4) (Eastern Time)

FRIDAY, NOVEMBER 3

8:00	Registration
8:15	Introductory Remarks Jonathan J. Straw
8:30	Ethics for Construction Lawyers—Who Is Your Client? Thomas E. Spahn An entertaining update on common ethics scenarios from one of the nation’s leading experts.
10:30	Break
10:40	Construction Contracting and Financing: Perspectives from Private Practice and Army JAG Mike Branca, Maj. Shawn Peterson An introduction to the Army JAG Corps and the legal framework for construction projects. Discussion includes construction funding and contracting background and a review of some military construction contracting issues, specifically those faced in military construction.
11:40	Public and Private Payment Bond Rights Jim Fullerton This panel will cover payment bond claim procedures under the Federal Miller Act and Virginia State Little Miller Act, as well as private payment bonds. Time limits for bond claim notices and complaints to preserve rights will also be covered.
12:40	Lunch (provided at live-on-site program)
1:00	Lunch Presentation: Sticks and Bricks—Virginia International Gateway Port Expansion: Challenges and Rewards of Multi-Prime Construction Curt Manchester, Michael Petty
1:45	Break
2:00	How to Be a Smooth Operator—The Use of Trial Technology for Preparing and Presenting Evidence at Trial Alex Burnett, Steven Marks, Omar Maldonado The use of audio/visual technology in the courtroom to introduce evidence is both prevalent and critically important for presenting your case at trial. This session will showcase various types of trial software, discuss how to use software and technology effectively, and provide tips about how to prepare and ensure a smooth presentation at trial.
3:00	Litigating and Managing Risks with Concrete Work Kristan Burch, Dennis McCann The session will focus on how to litigate and manage risks associated with concrete work installed for construction projects. The presentation will address issues related to whether concrete work complies with the specifications or constitutes defective work along with ways to document concrete work and to manage damages that may be recoverable in connection with concrete work.
4:00	Break
4:15	Preserving Error in the Trial Court and Beyond Hon. Frank Friedman, Jay O’Keeffe With the expansion of the Court of Appeals of Virginia’s jurisdiction and the new availability of appeals of right in state-court civil cases, preserving error has become an increasingly important skill for trial lawyers to master. The Honorable Frank K. Friedman, Judge of the Court of Appeals of Virginia, and Jay O’Keeffe, an appellate partner at MichieHamlett, discuss intermediate and advanced preservation-of-error principles and scenarios.
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 4

8:00	Shining a Light on Renewable Energy Construction Issues Steve Neeley, Roderick Rennison, Daniel Fanning The demand to build renewable energy projects is high and expected to continue growing due to demand and attractive incentives in the Inflation Reduction Act. This presentation offers insights on navigating several key trends in renewable energy construction projects, including supply chain problems, warranty and defect concerns, and stormwater and environmental issues.
9:00	Break
9:10	Contorted Kyle McNew, Mark Nanavati, Justin Sheldon Tort liability in construction projects including economic loss, repose, workers’ compensation, and vicarious liability.
10:10	Break
10:20	Recent Developments in Construction and Public Contracts Law in Virginia Scott Kowalski, Thomas Wolf This presentation will provide an efficient overview of the year’s most important developments in Construction and Public Contracts law.
12:20	Concluding Remarks Allison R. Mullins
12:25	Adjourn

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. Frank K. Friedman, Court of Appeals of Virginia / Richmond
Michael A. Branca, Peckar & Abramson, PC / Washington, DC
Kristen B. Burch, Kaufman & Canoles, PC / Norfolk
Alexander Burnett, Williams Mullen / Richmond
Daniel A. Fanning, Husch Blackwell LLP / St. Louis, MO
Jim Fullerton, Fullerton & Knowles, PC / Clifton
Scott Kowalski, PLDR / Lynchburg
Omar Maldonado, River City Trial Solutions, LLC / Glen Allen
Curt Manchester, Office of the Attorney General / Richmond
Steven Marks, Williams Mullen / Richmond
Dennis McCann, CTL Group / Skokie, IL
Kyle McNew, MichieHamlett / Charlottesville
Mark C. Nanavati, Sinnot Nuckols & Logan, PC / Midlothian
Steven A. Neely, Husch Blackwell LLP / Washington, DC
Jay J. O’Keeffe, / MichieHamlett PLLC / Roanoke
Maj. Shawn Peterson, The Judge Advocate General’s Legal Center & School / Charlottesville
Michael Petty, Virginia International Terminals, LLC / Norfolk
Roderick Rennison, Rimkus / Albuquerque, NM
Justin Sheldon, Breit Biniazan, PC / Richmond
Thomas E. Spahn, McGuireWoods LLP / Tysons
Thomas Wolf, O’Hagan Meyer / Richmond

MODERATOR

Jonathan J. Straw, Kraftson Caudle, PLC / McLean

FALL PROGRAM PLANNING COMMITTEE

Tara L. Chadbourn, ReavesColey PLC / Chesapeake
Joshua C. Johnson, MichieHamlett / Roanoke
Jesse S. Keene, Cozen O’Connor / Washington, DC
Alison R. Mullins, Cipriani & Werner / Fairfax
Jonathan J. Straw, Kraftson Caudle, PLC / McLean

Faculty Chosen Entirely by Representatives of the Construction Law and Public Contracts Section of the Virginia State Bar.

Locations, Dates and Fees

LIVE REGISTRATION FEES (All registrants will receive access to a complete set of downloadable e-book seminar materials. Printed materials will NOT be available.) (Lunch, reception, and continental breakfasts included)

$469 regular registration.
$449 discounted registration for VSB Construction Law and Public Contracts Section members.
$499 on-site registration (if space is available).

WEBCAST REGISTRATION FEES (November 3–4)

$469 regular registration.
$449 discounted registration for VSB Construction Law and Public Contracts Section members.

TELEPHONE REGISTRATION FEES (November 3–4)

$489 regular registration.
$469 discounted registration for VSB Construction Law and Public Contracts Section members.

LIVE LOCATION AND DATES

CHARLOTTESVILLE / Friday and Saturday, November 3–4
The 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).

Boar’s Head Resort
200 Ednam Drive
Charlottesville, VA 22903

Please use the following link for web reservations: https://be.synxis.com/?Hotel=79183&Chain=22591&arrive=2023-11-02&depart=2023-11-04&adult=1&child=0&group=7092

*Please note, the block has been set up to check in on November 2, 2023, with a check-out date of November 4, 2023. If you need a reservation for before or after these dates, or if you need to book more than two rooms, please call the Boar’s Head Resort at 844-611-8066 to speak with a Reservation agent and have them reference the Code for your block: 7092.

To make a reservation by phone, please call the Reservations Office at 844-611-8066. The Code for the block is: 7092.

The cut-off date for the group rate is Monday, September 18, 2023.

We also have a room block available at the Country Inn & Suites:

Country Inn & Suites
1600 Emmet Street North
Charlottesville, VA 22932
434-293-4600

Please use the following link for web reservations: https://www.choicehotels.com/reservations/groups/g9639577?groupId=G9639577&ratePlan=undefined&checkInDate=2023-11-02&checkOutDate=2023-11-04&ratePlanCode=BOCXYO.

Reservations can be made by directly calling the hotel at 434-293-4600. Please mention “Construction Law Group” to receive the group rate.

The cut-off date for the group rate at the Country Inn & Suites is Sunday, October 1, 2023.

Virginia CLE^® will provide live-on-site attendees a coupon code for 50% off any single publication of their choice. The code will expire two weeks after the seminar date.

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. No printed materials will be available.

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.

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^®.

Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email tfitzgerald@vacle.org.

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.