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 - April 17, 2012

Minutes of the Virginia State Bar
Construction Law & Public Contracts Section
Board of Governors

I. Call to Order – 10:30 AM.  Present in person or on call: Kristan Burch (Chair), Brett Marston (Vice Chair), Sean Howley (Secretary), Hannah Blake, Jennifer Mahar, Chris Hill, Scott Kowalski, Christopher Boynton, Steve Test, Fred Kozak, Shannon Briglia, J. Barrett Lucy, Webb Moore, Blair Lonergan (Va. CLE).  Absent:  Todd Metz (Immediate Past Chair), Mike Branca (Treasurer), Hobie Andrews, Richard McGrath, Hon. Robert M.D. Turk, Hon. J. Overton Harris and Hon. Robert Ballou.

II. Approval of Minutes from January 12, 2012 meeting.  Minutes were unanimously approved.

III. Membership – Wrap-up of Spring Networking Event – Sean Howley.  Approximately 50 people attended the first membership program offered by the Section in Richmond.  The Hon. Art Vieregg and Sean Howley gave a presentation on Mediation Ethics.  All attendees received one (1) hour of Ethics CLE credit and membership forms were passed out.  Those who joined the section will receive a free year of membership in the section.  Dolly Shaffner will follow up at renewal time to see how many new members were signed up as a result of the event.  The section agreed that the event appeared to be a success and a discussion was had that the event could be duplicated in Northern Virginia in the fall and in other areas of the state thereafter.

IV. Joint Event with Maryland Bar Association – Jennifer Mahar.  The Maryland Construction Section/Virginia Construction Section joint networking event will be April 19, 2012 at Union Jack’s in Bethesda, MD at 6:30 PM.  Fifty people were already signed up and Board members, in particular the members from the Northern Virginia Area, were asked to make sure they attend this joint event.  The event is an opportunity for the Section to publicize Section events and publications.

V. Summer Meeting CLE and Thursday Night Dinner – Todd Metz/Chris Boynton.  The Program will be related to Minority Contracting with 3 to 4 speakers and will be cosponsored with the Local Government Section of the VSB.  In addition, Christopher Boynton has coordinated a Board Member dinner on the Thursday evening before the seminar at the Hilton Hotel on 31st and Atlantic Avenue.  The dinner will be at 8:00 PM and all who wish to attend please inform Christopher via e-mail.

VI. Fall CLE 2012

The entire Panel for the Fall CLE is set except for 1 speaker.  This year’s program will include, based upon feedback received last year, a greater mix of specialized and basic topics to cater to all levels of experience in construction law.  Topics will include:  Mechanic’s Liens; Bankruptcy; a discussion of the new Silver Line Metro in Northern Virginia; Public Private Partnerships (PPP) and Project finance issues; a presentation on Government Contracts issues by an in-house counsel; a panel on arbitration issues; a mock trial with opening statements, witnesses, a motion to strike and a “surprise” ending; and the annual update on VA construction law.  The due date for materials by speakers is Sept. 1, 2012 which will give the committee more time to review and comment on the materials to make sure there is not too much overlap in presentations (also a result of comments received in prior seminars).  As is now customary, the Board will have its business meeting on the Thursday night before the conference immediately preceding the Board dinner at the C&O Restaurant in Charlottesville.

In addition to the Fall CLE, Shannon Briglia reminded the group of the upcoming May 22, 2012 Live CLE Webinar on Mechanic’s Liens, Payment Bonds and related issues being hosted by the Section.  The program will be live at noon on the 22nd of May, with a Replay on June 6, 2012 at 5 PM.

VII. Handbook – Scott Kowalski.  The Board was informed that all current Handbook materials were received from Shannon Briglia and are in the process of being organized.  The committee will be dividing up the new cases by topic and distributing to Section members for review and digesting.  Shannon Briglia is in the process of revising the Case Index.  It was suggested that Alison with the Virginia State Bar may have some good ideas on how the handbook is presented on the VSB website.  Kristan Burch was to forward Alison’s contact information to the committee.

VIII. Spring Newsletter – Jennifer Mahar.  The deadline for submission of articles and cases for the Spring Newsletter is May 1, 2012.  If possible, Jennifer requested the materials by April 26 so they can be reviewed.  The Newsletter will include a section detailing recent legislative changes.

IX. Nominating Committee – Todd Metz.  Kristan Burch informed the group that the nominating committee for next year’s Board of Governors is made up of Todd Metz (immediate past chair), Brett Marston (Vice Chair), Jennifer Mahar, Greg St. Ours and Terry Murphy. Todd Metz will serve as Chair of the Committee.  Send any suggestion you have for nominating Board Members to fill empty positions to Todd.  Fred Kozak nominated Randy Wintory (former Chair of the VBA) for the committee’s consideration.

X. No other business was discussed and the meeting was adjourned at 11:30 AM.