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 - November 6, 2009

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

Minutes for Board of Governors Meeting held on November 6, 2009
at the Boar’s Head Inn, Charlottesville, Virginia

The following Board of Governors members attended this meeting:

Greg St. Ours

Todd Metz

Kristan Burch

Brett Marston

Richard Smith

Michael Branca

Sean Howley

Hobie Andrews

Jennifer Mahar

Richard McGrath

Webb Moore

Derrick Rosser

1. Approval of Minutes: The Minutes from the prior meeting on September 24, 2009 were approved by the Board without further revision.

2. Financial Report/Budget: Information was circulated regarding our current budget. That information is attached to these Minutes and shows revenue collected to date of $15,020 and also reflects our current expenditures.

3. Summer Program 2010: Mike Branca is coordinating the program for the summer meeting, and the topic may be construction fraud issues. He will work to get the topic submitted by the November 16, 2009 deadline.

4. Handbook: As reported by Shannon Briglia, the cut-off for next year’s handbook is June 1, 2010 for cases with a publication date of August 30, 2010.

5. Law Student Papers: Richard Smith had nothing further to report at this time on law student papers.

6. Virginia CLE Program: Richard Smith will be completing a CLE on Negotiation of Construction Disputes on August 10, 2010 with the CLE office. In either March or April 2010, we will be co-sponsoring an OSHA CLE Program with VCU Professor Leonard Vance which will be for approximately three hours, and that CLE will be held at the VSB office. Please contact Bret Marston for more information on the OSHA CLE program.

7. Bylaws: Hobie Andrews will circulate possible language to address the proposed bylaw change for 2010.

8. Nominating Committee: Greg St. Ours appointed the following people to the Nominating Committee for 2010: Richard Smith, Todd Metz, Billy Mauck, and Brett Marston.

9. Director Review With View to 2010 Nominations: Before our next meeting, Todd Metz will review the people who are up for re-appointment to the Board along with those being considered for officer positions, and he will report further on any changes or adjustments which should be considered. We discussed the importance of having younger lawyers on the Board. Todd will report back with his assessment. There is the ability to add more members to the Board as the officer positions do not have to count as Board members, to the extent that is of interest in connection with this assessment.

10. Section Website: Kristan Burch reported that the newsletter, handbook and the June minutes have been posted to the website.

11. Fall Seminar 2010: The Fall CLE Committee for next year will be Derrick Rosser, Sean Howley, Hobie Andrews, Richard McGrath, and Greg St. Ours. The CLE will be held at the Boar’s Head, as the contract already has been signed for 2010. Seventy (70) rooms have been blocked through October 7, 2010.

12. Newsletter: Jennifer Mahar reported that the newsletter had been mailed, and we are aiming to send the next newsletter at the end of May 2010. There was a discussion on whether to start transmitting the newsletter electronically, sending out a list of links or blurbs. The Newsletter Committee will convene and report back at the next meeting with a plan for future publications.

13. Five-Year Plan: Todd Metz discussed having scholarships for city/county attorneys in addition to the AG’s Office.

14. Publication Committee: Webb Moore is seeking four articles to be lined up by the end of 2009 for the next Virginia Lawyer. We need ideas for the cover, and one suggestion was to provide the lunch speaker for next year’s CLE with the opportunity to be featured on the cover regarding a specific project. Hobie Andrews has solicited an article from Vandeventer Black to be written on the economic loss rule. Kristan Burch will write an article on Chinese drywall. Webb needs ideas for two more articles. Each article will be no more than 2,500 words.

15. Next Meeting: Our next meeting will be at the VSB office in Richmond with the ability to call in by phone. It has been scheduled for February 4, 2010 at 12:00 p.m.

Submitted by,

Kristan B. Burch, Secretary

Kaufman & Canoles, P.C.

150 West Main Street

Norfolk, VA 23510

(757) 624-3343