Virginia State Bar

An agency of the Supreme Court of Virginia

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Construction Law & Public Contracts

A Section of the Virginia State Bar.

Meeting Minutes - February 6, 2008

VIRGINIA STATE BAR
CONSTRUCTION LAW AND
PUBLIC CONTRACTS SECTION
BOARD DF GOVERNORS MEETING
FEBRUARY 6, 2008 at 12:00 noon

I. CALL TO ORDER
The February meeting of the Board of Governors was called to order at 12:00 noon by Jack Rephan, Chair. The following members of the Board of Governors participated: Jack Rephan (Chair), Richard Smith (Vice Chair), Elaine Jordan, Fred Kozak, Richard McGrath, Webb Moore, and Derrick Rosser, in person, and Greg 81.Ours (Secretary), Todd Metz, Brett Marston, Sean Howley, Kristan Burch, and Matt Pritts by telephone. Dolly Shaffner of VSB attended in person. Link Christin of Virginia CLE attended by telephone.

II. APPROVAL OF MINUTES
The minutes of the November 2, 2007 Meeting in Williamsburg, Virginia were unanimously approved without correction.

III. MEMBERSHIP/FINANCIAL REPORT
Dolly Shaffner distributed for discussion the Construction Law Section Ledger, Fiscal Year 2007, including expenses and remaining balance from July through June, 2007, and the Construction Law Section report of revenue collected through December31, 2007, both of which reflected a balance remaining as of December 31, 2007 of $8,863.88. Dolly also presented the 2008-2009 Proposed Budget for the Section totaling $12,288.00, which was approved by the Board. Discussion ensued regarding the web page update, web page maintenance costs and handbook costs.

IV. SUMMER MEETING 2008
Sean Howley reported that our Section will join the Environmental Law Section and the Local Government Section for a program at the Summer Meeting regarding green construction in the Commonwealth of Virginia. The program will be based on a case study of green projects in Arlington County addressed by Arlington County Attorney Steve MacIsaac and include a panel to discuss local enabling authority to obtain permits, county and environmental engineering policy objectives, national and international trends in green construction, and owner/developer problems unique to green construction. The program will be held on Friday, June 20, at 11:00 a.m. at the Holiday Inn Sunspree Resort in Virginia Beach.

V. FALL CONFERENCE 2007 & 2008
Derrick Rosser, with comments From Brett Marston, elaborated on the content ofthe 2008 Fall Conference including topics regarding immigration and AIA and AGC documents. Derrick also confirmed the makeĀ·up of the 2008 Fall Conference committee including Brett (Chair), Derrick, Matt Pritts, Brian Vella, James Barkley and Kristan Burch.

Link Christin reported that the Boar's Head could not guarantee that its renovations will be complete by November 2008, and the Board decided to return to Williamsburg, VA for the 2008 Fall Conference (subsequent to this meeting, Tanya Morris confirmed that the Williamsburg Lodge will host the Conference). The Conference will take place on Friday and Saturday, November 7 & 8, 2008, and golf will be available on Thursday, November 6. Link reported that reviews of the 2007 Fall Conference were very good including high marks for the break out sessions, the location, and the food. Link also reported that there were no negative comments regarding exhibitors and that the exhibitors were pleased with the Conference.

Discussion ensued regarding exhibitor revenues. Link reported that the 2007 Fall Conference netted approximately $10,000.00 and noted the intent to use net proceeds to enhance program quality including, among other things, a regionally or nationally known keynote speaker regarding negotiation. Discussion also addressed the Friday night reception and faculty dinner, the Saturday morning breakfast meeting, and opening and promoting Thursday afternoon golf to all Section members at an additional cost.

VI. HANDBOOK/CD
In Shannon Briglia's absence, Brett Marston reported that the Handbook Committee will proceed with a double edition of the handbook CO including Bar years 2007 & 2008 (approximately May 2006 - April 2008). Brett confirmed that Shannon hadreceived 2006 & 2007 case digests from Fred Kozak, and that Shannon intended to circulate case digest assignments among all board members by late February. 2008.Kristan Burch reported that the last handbook CD is on the web page available for download. Discussion ensued as to whether to publish the handbook solely on the web page and save the cost of pressing and mailing CD's. The Board decided to proceed with CD's this June, but asked that the committee follow up with Link Christin to take advantage of Virginia CLE buying power in acquiring the CD's.

VII. NEWSLETIER
Todd Metz reported that the newsletter should be published within the first two weeks of April, 2008. Todd noted that the statutory section of the newsletter will include a recap of immigration law and that the newsletter will advertise the green construction Summer Program. Elaine Jordan noted that Randy Wintory may be a good source for an article regarding bills before the General Assembly that impact construction law.

VIII. PUBLICATIONS
Webb Moore reported that he has commitments for 4 articles to be published in the October issue of the Virginia Lawyer from Mike Branca, Kristan Burch, Todd Metz,and Webb himself. The submission deadline for the articles is July 31,2008.

IX. WEBSITE
Kristan Burch reported that the Section will retain Alison Anderson as a web consultant at $25.00 per hour for website updates and maintenance.

X. COMMITTEE ASSIGNMENTS
Jack Rephan had no new appointments to report. Richard McGrath noted that Brian Waagner is interested in a committee appointment.

XI. NOMINATING COMMITTEE
Jack Rephan appointed a nominating committee for officers and new Board members to take office in Bar year 2009. The committee will be chaired by Elaine Jordan and include Fred Kozak, Billy Mauck and Neil Lowenstein.

XII. CONSTRUCTION LAW VIRGINIA CLE NOTEBOOK
Richard Smith reported that the Construction Law Virginia CLE Notebook will include 26 chapters. The article submission deadline is February 22, 2008.

XIII. NEXT MEETING
The next meeting of the Board of Govemors is scheduled for April 9, 2008, tentatively to be handled via telephone conference.

XIV. ADJOURNMENT
The meeting was adjourned at 1:00 p.m.