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 - June 15, 2012

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

I. Call to Order – 12:30 PM.  Present in person or on call: Kristan Burch (Chair) Brett Marston (Vice Chair) Sean Howley (Secretary), Mike Branca (Treasurer), Shannon Briglia, Chris Hill, Scott Kowalski, J. Barrett Lucy, Todd Metz (Immediate Past Chair), Hannah Blake, Christopher Boynton, Steve Test.  Absent:  Jennifer Mahar, Fred Kozak, Webb Moore, Hobie Andrews, Richard McGrath, Hon. Robert M.D. Turk, Hon. J. Overton Harris and Hon. Robert Ballou.

II. Approval of Minutes from April 17, 2012 meeting.  Minutes were unanimously approved.

III. Financial Report.  Mike Branca reported that there was approximately $5,000 left over in the Section’s funds last year.  The Section should find ways to use those funds to advance the interests of the Section and possibly for greater access to events for non-members and government/municipal members.  To this extent, in addition to increasing the number of scholarships to the Annual Meeting in Charlottesville from 5 to 10, the Section should consider raising the contribution to $200 from the existing $100.  In addition, the funds continue to allow for the addition of networking events to further interest in the Section.  These ideas will be discussed at next meeting of section.

IV. Membership – Future Networking Events.  Results were not yet in from the networking event in Richmond that was sponsored by the Section, but it appears to have been successful in generating new memberships.  Depending on the results of the final quantity of new members gained (once the membership rolls are analyzed), the section may be open to similar types of events in the near future, and possibly late winter/early spring in the Northern Virginia area or in other areas of the state thereafter.  The Membership Committee will be looking into available areas for such a seminar in Northern Virginia with seating capacity for 100+, hopefully at a venue that is either free or low cost.

V. Wrap up of Joint Event with Maryland Bar Association.  The Maryland Construction Section/Virginia Construction Section joint networking event on April 19, 2012 at Union Jack’s in Bethesda, MD was very well attended by Virginia attorneys.    Those present indicated that the Maryland group are interested in having future events.

VI. Wrap up from Summer Meeting CLE and Thursday Night Dinner.  The Program, cosponsored with the Local Government Section of the VSB, related to Minority Contracting and was well attended by both sections.  In addition, Christopher Boynton coordinated a Board Member dinner on the Thursday evening before the seminar at the Hilton Hotel on 31st and Atlantic Avenue.  The dinner and conversation were excellent.  Christopher Boynton has volunteered to head the Summer CLE Committee for next year, and the recommendation from all previously involved with Summer CLE programs was to go ahead and partner with another VSB group as soon as possible.

VII. Fall CLE 2012 The entire Panel for the Fall CLE is secured, but one replacement is being sought.  As previously reported, the 2012 program has incorporated some of the positive and critical feedback received from the 2011 CLE and, accordingly, a greater mix of specialized and basic topics to cater to all levels of experience in construction law is on the schedule.  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.  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.

VIII. Handbook.  The Handbook Committee divided up the new cases by topic and distributed to Section members for review and digesting.  Only one Board member (Steve Test is to be commended) responded as of the date of this meeting.  All Board members are to provide their digests as soon as possible, with the deadline being July 16, 2012.

IX. Fall Newsletter.  The Fall Newsletter is seeking contributions from Board and non-Board members for articles of interest and/or opinions of interest.  Anyone with such information should forward it to J. Barrett Lucy.  The upcoming edition of the Newsletter will feature a reference to the successful summer program and to the upcoming Fall CLE.

X. Publications Committee.  The Publication Committee will be chaired by Randy Wintory, a newly inducted Board Member (see Section XII below).  The Section will not have an opportunity to be a part of any VSB quarterly magazine publication until an as yet undefined quarter in 2013.

XI. Acknowledgement of Board Members Completing Terms.  The Board recognized and thanked the following Board Members whose terms were expiring:  Todd Metz (Immediate Past Chair), Fred Kozak, Richard McGrath and Webb Moore.  The Board thanked each for their service, dedication and exemplary efforts on behalf of the Section. 

XII. Report by Nominating Committee – Todd Metz.  The nominating committee for the incoming Board of Governors was made up of Todd Metz (immediate past chair), Brett Marston (Vice Chair), Jennifer Mahar, Greg St. Ours and Terry Murphy. Todd Metz served as Chair of the Committee.  Upon careful consideration, the Board nominated the following individuals for terms and/or officer positions:  K. Brett Marston (Chair); Sean Howley (Vice Chair), Mike Branca (Secretary), Shannon Briglia (Treasurer), Randy Wintory (Board Member), Spencer Weingard (Board Member), Mark Crawford (Board Member) and Dan Fitch (Board Member).  Upon Motion, the Committee Nominations were approved by the Board.

XIII. Remarks from the New Chair.  Newly elected Chair K. Brett Marston recognized the significant accomplishments and achievements of the Immediate Past Chair Kristan Burch.  Mr. Marston indicated that a first order of business is to clean up/formalize the Committee assignments.  In addition, he encouraged Board Members to talk up the upcoming Fall CLE.  Mr. Marston will be sending out an e-mail related to Committee assignments that he would like Committee Chairs to respond to as soon as practical.

XIV. Old Business.  No old business was discussed or brought before the Board.

XV. No other business was discussed and the meeting was adjourned at 1:00 PM.