Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:30 pm

Lunch (On your own):       12:30 – 1:30 pm

Afternoon Session:           1:30 – 5:00 pm

Understanding Construction Contract Essentials         R. Cox

   Examining contract terminology:

      • Parties, consideration, term, performance, substantial performance, breach, remedies, damages

   Understanding types of construction contracts:

      • Payment method

      • Award and selection

      • Project delivery system

      • Number of primes

      • Legal description

   Studying roles and relationships of project participants:

      • Owners, architects/engineers, construction managers, contractors, subs and suppliers

   Exploring the law of construction contract interpretation

Reviewing Bidding Documents         J. Germano, R. Cox

   Invitation

   Bid form

   Instructions

   Bid bond

   Information

   Addenda

   Bid protests

Comparing Standardized Construction Documents         W.A. Burnett, A. Mathews

   American Institute of Architects

   ConsensusDocs

   Engineers Joint Contract Documents Committee (EJCDC)

Understanding Issues in Contract Administration         J.B. Cashmere

   Insurance and indemnity issues

   Chain of command issues

   Subcontracts

   Changes and change orders

   Payments

   Substantial and final completion

   Breach and pitfalls

Examining Legal Issues and Contract Disputes         A. Mason, M. Roy

   Changed conditions

   Project documentation

   Delays, acceleration

   Handling payment claims and final payments

   Resolving disputes through mediation, arbitration, litigation

   Understanding contractual and statutory warranties

Credits

Architects

     7.0 Continuing Ed. Hours
     7.0 AIA HSW Learning Units

Professional Engineers

     7.0 Continuing Ed. Hours

Contractors

     Voluntary CE Opportunity

Continuing Education Credit Information

This seminar is open to the public and offers up to 7.0 continuing education hours to architects and 7.0 continuing education hours to engineers in Virginia. Educators and courses are not subject to preapproval in Virginia.

This event has been approved by the American Institute of Architects for 7.0 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 continuing education opportunity to construction contractors but has not been approved by any state contractor licensing entity.

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

Williams Mullen

Partner at Williams Mullen in RichmondMr. 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 on contract claims, mechanic’s liens, payment bonds and performance bond claims.

J. Cashmere

WILLIAMS MULLEN

Partner, Williams MullenMr. Cashmere practices in the Construction Practice Group, prosecuting and resolving contract claims under public, private and international contracts. He represents contractors, subcontractors and sureties in commercial litigation and dispute resolution. He is experienced handling disputes nationally and internationally before state/federal courts, administrative boards and arbitration panels. Mr. Cashmere also provides assistance and advice on various regulatory matters impacting contractors, including OSHA, M/WBE and Davis-Bacon. He served as a judicial law clerk to the chief judge of U.S. District Court for the District of Guam, and he spent eight years on active duty serving as an engineering and operations officer in the U.S. Navy.

Robert Cox

WILLIAMS MULLEN

Partner, Williams MullenMr. Cox is chair of the firm’s Construction Practice Group. He has been a construction and surety law attorney, representing contractors, subcontractors, suppliers, owners, developers and sureties on public, private and P-3 projects inside and outside the U.S. His practice includes preparation, negotiation, and evaluation of construction contracts; consultation and advice on project performance issues; preparation of claims and requests for equitable adjustments; and defending against performance and damages demands. Mr. Cox is a member of the Virginia State Bar (Construction Law and Public Contracts Section) and the Maryland State Bar (Construction Law Section). Many legal publications, such as The Best Lawyers in America and Legal Elite have included him in their listings of construction law attorneys.

James Germano

Williams Mullen

Associate, Williams MullenMr. Germano represents owners, contractors, subcontractors and architects in drafting contracts and resolving construction disputes. He has represented multiple architects in construction litigation, arbitration, and mediation, as well as numerous other individual and corporate clients in premises and professional liability cases. In addition, Mr. Germano’s experience drafting, submitting and arguing pleadings, dispositive and non-dispositive motions, discovery requests and responses, discovery motions, expert designations and expert motions allows him to assist clients with these needs quickly and efficiently. He is a member of the AGC of DC’s Young Contractors Forum.

Arnie Mason

Partner, Williams MullenMr. Mason focuses his practice on construction law and has been recognized as an up and coming construction attorney by Chambers USA. Mr. Mason serves on the Board of Governors for the Construction Law and Public Contracts Section of the Virginia State Bar and has been published on varying topics of interest to the government contracts and construction law community in the William & Mary Law Review, Government Contracts Service, Construction Claims Advisor, Law 360’s Expert Analysis section, the Virginia Bar Association Journal and the Virginia State Bar Construction Law and Public Contracts Section Newsletter.

Andrew Mathews

Williams Mullen

Partner at Williams Mullen in RichmondMr. 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.

Melisa Roy

Associate, Williams MullenMs. Roy focuses her practice on construction litigation, suretyship and government contracts. Clients requiring assistance with the various stages of construction litigation may benefit from Ms. Roy’s experience in connection with discovery, complex claims, settlement and trial. She also assists clients with construction contract formation and interpretation, and she advises clients with respect to payment and performance bond disputes. Her experience includes assisting owners, contractors, subcontractors, and sureties in highway, power plant, water treatment plant, lock and dam, building, public transit, and payment and performance bond disputes in jurisdictions across the United States before federal courts, state courts, and administrative boards.