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Construction Law

Presenter: Alexander Burnett and 4 more

Seminar Date:

Seminar Location: Richmond, VA

Hyatt Place Richmond/Arboretum
201 Arboretum Place
Richmond, VA 23236
Phone: 804-560-1566

This seminar is closed or full.

Agenda:

Registration:                        8:00 - 8:30 am

Morning Session:                8:30 - 11:45 am

Lunch (On your own):         11:45 am - 12:45 pm

Afternoon Session:             12:45 - 4:30 pm


Construction Contracting in Traditional and Alternative Project Delivery Systems: Finding the Framework That’s Right for the Owner and the Project
M. LaFratta

   Legal rights/duties of construction entities: contractors, design services firms, subcontractors and suppliers
   Design-bid-build: entering into construction contracts and agreements in the traditional construction process
   Design-build: contractor-led, designer-led, joint venture
   Construction manager and construction manager-at-risk


Insurance, Bonding, and Indemnity Obligations
J. Watson, B. Dulin

   The role of the insurance professional
   Distinctions in types and forms of bonds and insurance
   Types and forms of bonds
   Types and forms of insurance
   Common insurance defense and coverage issues
   Insurance coverage issues involving alternative project delivery systems
   Indemnity issues
   Agreements to indemnify other parties
   Agreements to indemnify the surety
   Contractual limitation of liability provisions


Making Changes and Resolving Disputes during the Construction Process
A. Matthews, A. Burnett

   Making changes to the contract and contracted work
      • The contract change clause
      • Types of changes: ordered and constructive changes
      • Requirements for making changes
      • Liability issues
   Solving problems during the construction process
      • Site conditions
      • Delays
      • Disruption
      • Acceleration
      • Accidents


The Virginia Public Procurement Act and Other Statutes and Laws Affecting Construction
J. Watson, B. Dulin

   The Virginia Public Procurement Act
      • It is not limited to procurement
      • Authorized types and forms of procurement
      • What “public” procurement is excluded or not covered
      • What construction phase issues are covered by the VPPA
      • Does violation of the VPPA create a private cause of action
   Other statutes and laws affecting construction
   Principal state statutes and laws
      • FOIA
      • Other state statutes and laws
      • Does violation create a private cause of action?
   Principal Federal statutes and law
      • FOIA
      • Other statutes and laws
      • Does violation create a private cause of action?


Handling Ethical Issues in Construction
J. Watson, B. Dulin

   Avoiding ethical issues during the bidding process
   Gifts, favors and the appearance of impropriety
   Your duties to your employer, the project owner, and other project participants
   Adopting practices that minimize ethics issues

Credit Information:

Who Should Attend

  • Architects
  • Attorneys
  • Engineers
  • Contractors

Professional Engineers
     6.5 Continuing Ed. Hours

Architects
     6.5 Continuing Ed. Hours
     6.5 AIA HSW Learning Units

Contractors
     Non-Credit Continuing Ed.

Virginia Attorneys
     6.5 CLE Hours (1.0 Ethics)


Continuing Education Credit Information

This seminar is open to the public and offers 6.5 continuing education hours to engineers and 6.5 continuing education hours to architects in most states, including Virginia. Educators and courses are not subject to preapproval in Virginia.

This event has been approved by the American Institute of Architects for 6.5 HSW Learning Units (Sponsor No. J885).

Architects and engineers seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.

This seminar offers a non-credit continuing education opportunity to construction contractors; it has not been approved by any state contractor licensing entity for continuing education purposes.

The Virginia State Bar MCLE has approved this course for 6.5 CLE hours, including 1.0 ethics hour, for attorneys.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers:

Alexander Burnett

Partner at Williams Mullen in Richmond
Mr. Burnett focuses his practice on construction law and litigation. He serves a broad spectrum of clients involved in the construction industry including banks, owners, developers, general contractors, subcontractors and suppliers. He actively participates in clients’ construction projects by drafting or revising contracts, advising clients of their rights throughout a project, and regularly litigating and arbitrating on behalf of clients, including contract claims, prosecuting and defending mechanic’s liens, payment bonds and performance bond claims.

Mark La Fratta

Partner at McGuire Woods in Richmond
Mr. La Fratta has more than 35 years’ experience supporting clients on the development and construction of energy and industrial projects such as LNG facilities, power plants and food processing facilities, including EPC and other construction contract structures, as well as large commercial construction,for example, office towers. He has represented the owners, lenders and customers of most types of power generation projects, including hydro, biomass, coal, lignite, pet coke,nuclear, natural gas, waste-fired, landfill gas, wind and solar(PV and CSP). A recognized authority in his field, Mr. La Fratta has written on construction, energy and utility-related topics for a number of organizations, including for the Energy and Mineral Law Foundation (Drafting and Negotiating Power Purchase Agreements) and the American Society of Mechanical Engineers (Design Build Projects). He has taught classes at a number of industry venues and conferences including the Association of Corporate Counsel and the American Institute of Architects. Mr. La Fratta has been selected as a fellow in the Construction Lawyers Society of America.

Andrew Mathews

Partner at Williams Mullen in Richmond
Mr. Mathews focuses his practice on complex commercial litigation matters, with an emphasis in construction and commercial real estate disputes. He represents businesses and individuals in government and corporate investigations involving securities and banking regulation, the Lacey Act and the Foreign Corrupt Practices Act. Prior to joining Williams Mullen, Mr. Mathews was a financial consultant at Smith Barney and sold insurance and annuities with Genworth Financial. He has been named a “Rising Star” by Virginia Super Lawyers magazine each year since 2012 and Virginia Business magazine named him among Virginia’s “Legal Elite” in December 2015.

Bruin S. Richardson, III, Esq.

Of counsel with Coates & Davenport in Richmond
Mr. Richardson has over 25 years’ experience in counseling and litigation for businesses and technical professionals. He previously worked with several firms specializing in construction and design liability, where he gained extensive experience in construction claims and litigation, as well as employment and labor law. He has represented all parties involved in design and construction projects, including insurers, engineers, architects, contractors, subcontractors, material suppliers, surveyors, and owners. He also counsels architecture and engineering firms in all aspects of their business operations, including employment matters, business transactions, and contract review and negotiations. Mr. Richardson serves as president-elect and development committee chair of the Maymont Foundation board of directors, which is responsible for administering a 100-acre estate. He is a former member of the Virginia State Building Code Technical Review Board, and is a graduate of the University of Michigan with a (J.D.) and Washington & Lee University (B.A.).

James Watson

Attorney with Coates & Davenport in Richmond
Mr. Watson is a 25-year member of the Construction Law and Public Contracts Section of the Virginia State Bar. His practice is focused on serving clients in the areas of both public and private procurement and construction. In addition to having tried numerous construction cases before federal and state courts, arbitration panels, and federal boards of contract appeals, he is a frequent speaker before professional and construction industry groups. Mr. Watson recently spoke on design-build issues at the 2016 regional conference of SASHTO. His comprehensive knowledge of the construction process is enhanced by being certified for six years as a project management professional (PMP) by the Project Management Institute. In addition, Mr. Watson worked for over two years with project managersin construction administration with one of the nation’s largest multi-disciplinary engineering firms. There, on a daily basis he worked with engineers to resolve complex construction issues involving all major engineering disciplines. Although not an engineer, Mr. Watson twice served as chair of the Richmond Joint Engineers’ Council. He has served on the board of directors of the Richmond Chapter of the Construction Specifications Institute and was certified by the national CSI as a MasterFormat-2004® Instructor.

Tuition Costs:

Standard Tuition: $279.00
Online Tuition (pre-registration): $279.00
Group Prices
3 or more People: $259.00

Each registration includes one copy of a manual prepared by the seminar speakers.