Virginia State Bar

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Construction Law & Public Contracts

A Section of the Virginia State Bar.

Meeting Minutes - February 4, 2010

Minutes of the Virginia State Bar Construction Law and Public Contracts Section

Minutes for Meeting held on February 4, 2010
at the Virginia State Bar Office, Richmond, Virginia

The following Board of Governors members attended this meeting:

Greg St. Ours

Todd Metz (by phone)

Kristan Burch

Brett Marston (by phone)

Richard Smith

Michael Branca (by phone)

Sean Howley (by phone)

Jennifer Mahar (by phone)

Webb Moore

Derrick Rosser

Fred Kozak

Shannon Briglia

1. Approval of Minutes: The Minutes from the prior meeting on November 6, 2009 were approved by the Board without further revision. Kristan Burch will have those posted on the Section’s website.

2. Summer Program 2010: Sean Howley is coordinating the Section’s CLE for the summer meeting, and we are going to do a joint presentation with the Real Property and Tax Sections. The topic will be 1031 exchange in which construction is a major part of the deal. Drafting the construction contract to address a 1031 exchange will be part of the topic covered at the CLE. Mike Branca suggested that we consider using construction/fraud issues (the prior summer CLE topic) as a topic at the Fall CLE.

3. Financial Report/Budget: Information was circulated regarding the Section’s current budget. The information is attached to these minutes and shows an outstanding balance for the year of $2,304.75. A draft budget for 2010/2011 was circulated, and Brett Marston will work to make revisions to the budget after receiving information from Dolly Shaffner regarding the costs associated with the Section’s newsletter. The Board voted to delegate to the officers to allocate the $12,032 budget number which the Board approved for the 2010/2011 budget.

4. Newsletter: The Newsletter Committee recommended that future newsletters be sent out partially in paper and provide a link to the actual cases which would be posted on the website. After discussion amongst the Board regarding the future of the Section newsletters and ways to cut costs, the decision was made for a letter to be sent in the next two weeks to all Section members indicating that if they want to continue to receive a paper copy of the newsletter, they have to contact the VSB office. Any paper copies sent out will only be 10-15 pages and will not include the case decisions. Otherwise for those who do not opt to receive a paper copy, they will receive an email with a link to the newsletter which will be posted on the members only portion of the Section’s website. The Board discussed spam filter and mailing options, and the decision reached was that a Chair’s letter will go out each time that the newsletter goes out in order that people know to be looking for the link to the newsletter and in order to continue to communicate with our members through more than one medium. Greg St. Ours will circulate the draft letter for comment before it goes out to Section members.

5. Handbook: Shannon Briglia reported that the cutoff will be June 1 for cases with a publication date of August 30, 2010. They are working on compiling a list of cases from August 30 to February 2010 which need to be digested. She expects that each person will receive one to two cases, and the assignments will be sent out shortly to Board members.

6. Summer Board Meeting: Greg St. Ours asked Derrick Rosser and his Fall CLE committee to discuss a plan for how to distribute and decide who will receive the scholarships for the Fall CLE. Derrick will come back with a proposal by the time of the summer Board meeting. We discussed having the ability to dial into the Summer Board meeting in order for Board members to be a part of the discussion even if they do not attend the Summer Meeting. Dolly will see if that is possible.

7. Fall CLE: Derrick Rosser and his Fall CLE committee are going to start work on the Fall CLE. To the extent you have any suggested topics, please send them to Derrick or one of the committee members. The VBA has expressed interest in being a part of the Fall CLE. We discussed the possibility of a presentation in connection with Tom Wolfe’s presentation where the VBA would present on the legislative process and any possible new legislation that could be relevant to our members. The Board decided to leave it to the committee to see if it wanted the VBA to participate and to present on legislative topics at the Fall CLE.

8. Five-Year Plan: The Five-Year Plan is going to be on the agenda for the summer Board meeting in order to discuss a possible spring program event. Todd Metz circulated materials regarding a possible presentation, and we will continue to explore implementation of a spring program event for 2011. Greg St. Ours will be in Northern Virginia in March 2010, and an informal social meeting will be scheduled for Board members that are in that area while Greg is in town. That meeting is set for the beginning of March 2010.

9. Publications: Webb Moore reported that we will be responsible for articles for the October 2010 issue of The Virginia Lawyer. All articles must be 2500 words. The topics which Webb has lined up are as follows:

(a) Kristan Burch will write an article on Chinese drywall.

(b) Ned Nicholas will write an article on the economic loss rule.

(c) Brett Marston will write an article on mechanics liens.

(d) Nancy Greenwald will write an article on changes in the AIA general conditions.

10. Nominating Committee: The Nominating Committee consists of Richard Smith, Todd Metz, Brett Marston, and Billy Mauck. Richard reported that for 2010-2011, we need two more Board members and a treasurer. They are going to look at non-Board members who serve on committees as possible people to promote. An email is also going to be sent to the Section in order to see if there are any nominations. Derrick Rosser reported that Phil Baxa is interested in serving on the Board. The director review listed in the November 2009 minutes will be part of the work of the Nominating Committee.

11. Bylaw Change: Greg St. Ours is going to check on whether we want to proceed with a bylaw change which would have to be presented to the membership at the June 2010 meeting. He will coordinate with Hobie Andrews as needed as Hobie was going to draft that new language.

12. Next Meeting: Our next meeting will be a conference call in May 2010 in order to discuss the recommendations of the Nominating Committee.

Submitted by,

Kristan B. Burch, Secretary
Kaufman & Canoles, P.C.
150 West Main Street
Norfolk, VA 23510
(757) 624-3343

kbburch@kaufcan.com