Virginia Construction Law Deskbook

Edmund M. Amorosi, co-editor and co-author of Chapters 8 and 23, is the Managing Member of the law firm of Smith Pachter McWhorter PLC, a boutique law firm specializing in the practice of government contracts, construction, and white collar law. After graduating from George Mason University School of Law, Mr. Amorosi served as a law clerk to the Honorable Loren A. Smith on the U.S. Court of Federal Claims. Mr. Amorosi focuses his construction law practice on federal projects and disputes between prime contractors and the government and between prime contractors and their subcontractors. His government contracts practice also includes bid protests, contract claims and disputes, and audits and investigations. He is active in industry trade associations and is a frequent presenter and author. Before law practice, Mr. Amorosi served as a legislative aide and press secretary in the U.S. Senate and U.S. House of Representatives.

Jennifer A. Mahar, co-editor, author of Chapter 2, and co-author of Chapters 8 and 23, is a member of Smith Pachter McWhorter PLC. Ms. Mahar has extensive experience representing general contractors, subcontractors, owners, and sureties in all phases of project development and construction including contract formation, project management, and dispute resolution. Her experience includes the prosecution and defense of claims in litigation as well as the successful resolution of claims through various forms of ADR. Before joining Smith Pachter McWhorter, Ms. Mahar served as an Assistant Commonwealth’s Attorney for the City of Portsmouth. She earned a B.S. from the College of William and Mary and a J.D., cum laude, from the Catholic University of America Columbus School Law. Ms. Mahar is a member of the Virginia, Maryland, and the District of Columbia bars.

Brian J. Vella, co-editor, author of Chapter 16, and co-author of Chapter 8, is a partner with Smith Pachter McWhorter PLC in Tysons Corner. After graduating from the University of Louisville School of Law, where he was Chairman of the Moot Court Board and an editor of the Law Review, he served as a clerk for the Virginia Supreme Court before entering private practice. For over 20 years, Mr. Vella has represented contractors, owners, and engineers in construction-related matters in Virginia and nationally through services ranging from preparation and review of contract documents to contract administration advice and resolution of disputes through mediation, arbitration, and litigation. Mr. Vella has been a speaker at the Virginia State Bar’s Annual Construction Law and Public Contracts seminar as well as at the American Bar Association’s Annual Construction Division meeting and the Annual Construction Super Conference held in San Francisco. In addition, Mr. Vella has served as a member of the Board of Governors of the Construction and Public Contracts Section of the Virginia State Bar and is a member of the Associated General Contractors. He has been named to Best Lawyers and Virginia Super Lawyers in the area of construction law.

James W. Barkley, co-author of Chapter 20, is a founding partner of Morin & Barkley LLP, where he has focused a substantial portion of his practice on complex litigation involving construction, insurance coverage, products liability, and commercial litigation. Since 2016, Mr. Barkley has devoted the majority of his practice to serving as a mediator. He has mediated a wide variety of disputes across Virginia, including construction, insurance coverage, real estate, commercial, and personal injury and property damage liability matters. He is admitted to practice in North Carolina, Virginia, and the District of Columbia. He speaks and writes frequently on construction and insurance coverage issues. Mr. Barkley earned a B.A. from the University of North Carolina-Chapel Hill and a J.D., with honors, from George Washington University in Washington, D.C.

William J. Benos, author of Chapter 13, is a partner in the International Section of Williams Mullen in Richmond and founded the firm’s Immigration Practice Group. He has focused his practice on business immigration law, related compliance matters, and assisting clients with inbound investments and cross-border transactions since 1988. In addition to teaching at the University of Richmond School of Law, Mr. Benos serves as Canada’s Honorary Consul in Virginia. He is a member of the American Immigration Lawyers Association (AILA) and the Virginia and American Bar Associations. Mr. Benos earned an LL.B. in 1982 from the Western University School of Law in London, Ontario, Canada, and a J.D. in 1988 from the University of Richmond School of Law.

N. Reid Broughton, author of Chapter 9, is the managing shareholder of the Christiansburg Office of the law firm of Sands Anderson PC, where he practices in business and real estate matters, including construction, commercial development, financing and commercial litigation. Mr. Broughton received his B.A. from the University of Virginia and his J.D. from Washington & Lee University. He serves on the Board of Directors of the New River Valley Homebuilders Association, and the Blacksburg Partnership.

Joseph W. Cooch, author of Chapter 29, is an attorney with the law firm of
Flora Pettit in Charlottesville, Virginia. Mr. Cooch focuses his practice on the
representation of owners, contractors, subcontractors, and design professionals
in construction-related transactions and disputes. He serves as general
counsel to a local construction trade organization and is active in numerous
other construction organizations in central Virginia and the Shenandoah
Valley.

Mr. Cooch earned his B.A. from Washington & Lee University and his J.D.
from the University of Maryland School of Law. Mr. Cooch’s experience
includes litigation and arbitration of construction disputes in Virginia, Maryland,
and the District of Columbia. Prior to joining Flora Pettit, he served as
Assistant General Counsel in the U.S. General Services Administration’s
Real Estate Litigation group. Mr. Cooch was selected by his peers and recognized
by Virginia Business magazine as a member of “Virginia’s Legal Elite”
for 2019 in the area of Construction Law.

Mr. Cooch and his wife live in Charlottesville, Virginia, with their two children.

Robert K. Cox, author of Chapters 15 and 26, is the chair of Williams
Mullen’s Construction Practice Group. Since 1976, he has been a construction
and surety law attorney, representing contractors, subcontractors, suppliers,
owners, developers, and sureties on public, private, and P3 projects inside
and outside the United States. His legal practice includes drafting, negotiation,
and evaluation of construction contracts, consultation and advice on
project performance issues, the preparation of claims and requests for equitable
adjustments, and defending against performance and damages demands.

During his career, Mr. Cox has authored and co-authored numerous articles
on various construction law topics, including Chapter 18, “Defective Specifications—
Impracticability/Impossibility of Performance” in the ABA Forum
Section Book, Federal Government Construction Contracts (3d ed. 2017), and
chapters of this deskbook.

Mr. Cox is a member and former chairperson of the Virginia State Bar Construction
Law and Public Contracts Section, and a member of the Maryland
State Bar Construction Law Section. He has written and presented numerous
papers to legal and industry organizations on such topics as courtroom
strategy in qualifying, presenting, and defending expert witnesses, abuse of
and abusive contract clauses, material and labor price escalation, the use and
misuse of BIM technology in project design, the Integrated Project Delivery
(IPD) system, and the scope of surety risks when bonding a P3 project, among
other subjects.

Publications such as Best Lawyers in America, Chambers USA, Legal Elite,
Super Lawyers, and The International Who’s Who of Business Lawyers, Construction
Section, have included Mr. Cox in their listings of construction law
attorneys.

Mr. Cox was born and raised in Pittsburgh, received his undergraduate
degree in economics from Cornell University in Ithaca, and earned his law
degree with honors from George Washington University Law School in
Washington, D.C. He is licensed to practice law in the District of Columbia,
Maryland, and Virginia.

John Joseph Drudi, co-author of Chapter 25, is of counsel with the law firm of Wise & Donahue, PLC, with offices located in Fairfax, Virginia, Annapolis, Maryland, and Reno, Nevada. Mr. Drudi is a construction, risk management, and insurance lawyer who handles cases in a wide variety of jurisdictions throughout the United States. Mr. Drudi is licensed as an attorney in California, the District of Columbia, and Virginia. He holds several other professional certifications and designations in the field of risk management and insurance, including the Chartered Property Casualty Underwriter (CPCU) designation, Associates in Insurance Accounting and Finance (AIAF), Associates in Insurance Regulation and Compliance (ARC), Associates in Risk Management (ARM), Associates in Risk Management for Public Entities (ARM-P), and Associates in Enterprise Risk Management (ARM-E). He is a member of the Chartered Property Casualty Underwriter Society, the Phi Beta Kappa Alumni Association, the California State Bar, the District of Columbia Bar, and the Virginia State Bar. He is a contributing author of the upcoming treatise Routledge’s Handbook on Risk Management and the Law, scheduled for publication in January 2020. Mr. Drudi earned a B.A., cum laude, from the University of Massachusetts at Amherst in 1986 and a J.D., cum laude, from the University of San Diego Law School in 1989, where he was a member of the San Diego Law Review.

Brad C. Friend, co-author of Chapter 10, is an associate with Kraftson Caudle LLC, where his practice focuses on construction claims and litigation. His broad litigation and claims experience includes disputes regarding highway construction contracts, site work, wastewater treatment facilities, dam construction, hydroelectric power plant construction, differing site conditions, design defects, mechanics’ liens, bid protests, suretyship and insurance issues. He is the author of “Bailey v. Norfolk and Western Railway Co.: Creating a ‘Collateral Victim’ Doctrine Under the West Virginia Human Rights Act” and “The EPA’s New Effluent Guidelines for Construction Sites: Troubled Waters for Contractors and Developers.” Mr. Friend earned a B.A., with honors, from the University of Florida in 1999 and a J.D. from West Virginia University College of Law in 2003.

Jeffrey G. Gilmore, co-author of Chapter 5, is a partner in Akerman LLP, where he serves as Chair of Akerman’s National Construction Practice Group. His practice emphasizes domestic and international construction law involving a broad range of public and private construction initiatives. Mr. Gilmore’s work has included an array of innovative project delivery approaches, including EPC, design-build, and public-private partnerships. His industry experience includes power generation, renewable energy, transportation, industrial facilities, and multi-family housing projects. In addition, he has been recognized in The Best Lawyers in America for Construction Law, Virginia Business Legal Elite in the construction category, and Chambers USA in construction. Mr. Gilmore earned a B.A. from Miami University and a J.D. from The College of William & Mary’s Marshall-Wythe School of Law.

Mark P. Graham, co-author of Chapter 28, is a shareholder at Rees Broome,
PC. Mr. Graham is co-chairman of the firm’s litigation department and an
active leader in the firm’s community association’s practice. Mr. Graham
graduated from Boston College in 1993, and from Washington & Lee University
Law School in 1997. Prior to joining Rees Broome, PC, Mr. Graham
served as a judicial law clerk to the Honorable Robert W. Wooldridge, Jr. in
the Circuit Court of Fairfax County, Virginia. He has been recognized as one
of Virginia’s Super Lawyers and served as lead counsel in countless association
related cases, including many that have resulted in published legal
decisions.

Mr. Graham has provided general counsel to numerous condominium associations
in Arlington, Alexandria, Fairfax, and Loudoun Counties. Recent
topics include: assistance with transitioning from declarant to owner control;
advising clients regarding transition/reserve studies; the handling of warranty
related claims under the Virginia Condominium Act; oversight of
planning, bidding, contractor retention, funding and obtaining owner
approval for capital projects and major renovation projects; administration of
special meetings, annual meetings and board elections (proxy procedures,
quorum requirements, meeting formalities, etc.); handling of unit owner
claims, including claims under the Fair Housing Act and claims to the
Common Interest Community Board Ombudsman; resolution of claims/
negotiations with neighboring properties related to shared maintenance
obligations, nuisances, and easements; advising on the application of governing
documents; handling insurance related issues including claim denials for
property damage, as well as wrongful denials of coverage for claims falling
under Directors and Officers Liability policies; and assisting in the drafting of
amendments/revisions to governing documents.

James R. Hart, co-author of Chapter 3, is a partner with Hart & Horan, P.C. in Fairfax. His practice focuses on construction and real property litigation. Mr. Hart has served as an at-large member of the Fairfax County Board of Zoning Appeals since 2000. He has served as an at-large member of the Fairfax County Planning Commission since 2004, and currently holds the office of Secretary. He is a member of the American Bar Association, the Virginia State Bar, the American Judicature Society, and the Fairfax Bar Association. Mr. Hart is a frequent author and lecturer for continuing legal education seminars and is a former chairman and Board of Governors member of the Construction Law and Public Contracts Section of the Virginia State Bar. He earned both a B.S. in Architecture and a J.D. from the University of Virginia.

Sean M. Howley, author of Chapter 12, is a partner with Kraftson Caudle PLC. Before beginning his law career, Mr. Howley worked as a project engineer and project manager for a New York City metropolitan area general contractor constructing and managing multi-million dollar public works projects. Mr. Howley’s practice focuses solely on the resolution of construction and government contracts matters. He remains involved in the construction industry through participation in numerous trade and professional organizations and is a frequent writer and presenter on all issues related to construction law. Mr. Howley earned a B.S. in Civil Engineering from the University of Notre Dame in 1992 and a J.D. from St. John’s University School of Law in 1998.

Scott W. Kowalski, author of Chapter 17, is a principal of the firm Petty,
Livingston, Dawson & Richards, PC, and has focused his practice on construction
law and litigation since 1997. His areas of practice include construction
law, surety law, and litigation.

After clerking at the United States Court of Federal Claims, Mr. Kowalski
practiced for over a decade in the McLean, Virginia, office of the construction
law firm Watt, Tieder, Hoffar & Fitzgerald, LLP. In 2009, he returned to his
hometown of Lynchburg with his family and has continued to practice construction
law exclusively, representing owners, design professionals, contractors,
subcontractors, and suppliers in many facets of construction projects,
including drafting and negotiating contracts, bid protests, contract claims,
mechanic’s liens and payment bond claims, and insurance coverage issues, as
well as the mediation, arbitration, and litigation of claims and disputes.

Mr. Kowalski has served as a board member and current Vice Chairman of
the Virginia State Bar Construction & Public Contracts Law Section, a board
member and chairman of the Virginia Bar Association Construction & Public
Contracts Law Section, a Board member of the Associated Builders &
Contractors—Virginia Chapter. He has been named to the Virginia Business
Magazine Legal Elite, Virginia Super Lawyers, Virginia Super Lawyers
Rising Star and the Lynchburg Business Magazine Top Lawyers in the area
of construction law.

Daniel J. Kraftson, co-author of Chapter 10, is a partner with Kraftson Caudle PLC. Mr. Kraftson specializes in the areas of construction and government contract law, focusing primarily on the preparation, negotiation, and litigation of claims under government and private construction contracts. He also counsels contractors and owners regarding the drafting and negotiating of contract terms. Mr. Kraftson’s practice is both national and international in scope, and it has involved representation of both construction owners and construction contractors on a wide variety of projects. He serves as an arbitrator for the American Arbitration Association and frequently serves as a mediator as well. He is a past member of the Board of Governors of the Construction Law Section of the Virginia State Bar and has spoken at various continuing legal education courses and construction industry presentations. He is rated AV Preeminent by Martindale-Hubbell and is listed in the Best Lawyers in America and Chambers USA in the Construction Law and Construction Litigation categories. Mr. Kraftson earned a B.A. from Wheaton College in 1973 and a J.D. from the College of William and Mary in 1977.

Elisabeth L. Manuel, co-author of Chapter 20, is a partner with Morin & Barkley LLP, where her practice focuses on risk management, including contract drafting and negotiation, and complex construction, insurance coverage, and commercial litigation. She regularly counsels individuals and businesses in the construction industry. Ms. Manuel earned a B.A. from the University of Virginia and a J.D., with high honors, from Chicago-Kent College of Law in Chicago, Illinois.

Brett Marston, author of Chapter 21, practices almost exclusively in the areas of construction and OSHA law. He is a former Chair for the Board of Governors of the Virginia State Bar’s Construction and Government Contracts Section. Mr. Marston is a former President of the Roanoke Bar Association (2006-07) and has served as a member of the Board of the Young Lawyers Conference of the Virginia State Bar, from which he received the R. Edwin Burnette Young Lawyer of the Year Award in 2004. He has been recognized by various publications, including Best Lawyers in America, for his work in the construction litigation and contracts field. Mr. Marston is a 1990 graduate of the University of Virginia and a 1993 graduate, with distinction, of the George Mason University School of Law.

Thomas O. Mason, co-author of Chapter 6, is a partner with Thompson Hine
LLP in Washington, D.C. He concentrates his practice on all aspects of
government contracts law and litigation, including grants, co-operative
agreements, the management of major government systems and programs,
and the resolution of related claims and disputes. Mr. Mason has extensive
trial and appellate litigation experience with a broad background in commercial
and government contracts litigation including civil false claims,
construction, and intellectual property issues. During his 25 years of practice,
he has prosecuted and defended bid protests and appeals of agency final
decisions, handled mediations and arbitrations, negotiated contract awards
and changes, led litigation teams in complex litigation, and drafted contracts,
subcontracts, contract changes, unique one-of-a-kind contracts, and settlement
agreements. Additionally, he has extensive experience in dispute
resolution, including personally handling litigation actions involving commercial, false claims act, environmental cost recovery matters, and matters under the Petroleum Marketing Practices Act.

Mr. Mason is a member of the American Bar Association, the District of
Columbia, Michigan, South Carolina, and Virginia Bar Associations. He is
admitted to practice before the United States Supreme Court; the United
States Court of Appeals for the Federal Circuit; the United States Court of
Federal Claims; the Fourth Circuit Court of Appeals; the United States
District Courts for Colorado, the District of Columbia, Michigan, South
Carolina, and Virginia; and Agency Boards of Contract Appeals.

A 1973 graduate of the United States Military Academy at West Point, Mr.
Mason earned a J.D. in 1980 from the University of Detroit School of Law.
Mr. Mason also earned his Program Management Certification in 1994 from
the Defense Systems Management College, and he holds a Specialty in
Government Acquisition Law.

Billy Mauck, author of Chapter 14, chairs Spotts Fain’s Construction Law Practice Group and is a partner in the firm’s Litigation Section. His practice focuses on the representation of clients in the construction industry in state and federal courts at the trial and appellate levels and in arbitration and mediation on a variety of matters, including delay and inefficiency claims, design-related issues, performance and payment bond claims, mechanics’ liens, and defective construction materials. He is experienced in the negotiation, formation, drafting, and administration of construction contracts and related documents and routinely counsels clients in those matters. Mr. Mauck is a former member of the Board of Governors of the Virginia Bar Association and has also chaired the VBA’s Construction and Public Contracts Law Section and Civil Litigation Section. He also served on the Board of Governors and chaired the Virginia State Bar’s Construction Law and Public Contracts Section. Mr. Mauck is listed in Best Lawyers in America in construction law and has been named to Virginia Business magazine’s “Legal Elite” in Real Estate and Construction Law. He is also listed in Virginia Super Lawyers magazine for construction litigation. Mr. Mauck earned a B.A. and a J.D. from Washington and Lee University. He also serves as an arbitrator for the American Arbitration Association in commercial and construction cases.

Daniel Miktus, co-author of Chapter 5, is an associate with Akerman LLP. Mr. Miktus represents clients in the areas of construction, government contracts, litigation, surety, and real estate, and has considerable experience representing clients in the litigation of complex private and public construction and surety disputes. He is licensed to practice in Washington, D.C., Virginia, and Maryland. In addition to appearing before courts in these jurisdictions, Mr. Miktus has represented clients in the Civilian and Armed Forces Boards of Contract Appeals as well as the D.C. Contract Appeals Board. He received a B.A. from Saint Joseph’s University in 2011. He earned his J.D. from George Mason University School of Law in 2014 (magna cum laude) and served as the George Mason Law Review Production Editor.

Alison R. Mullins, co-author of Chapters 4 and 28, is founding partner at
Shannon Mullins & Wright LLP. Ms. Mullins focuses her practice on all
aspects of construction law, and civil litigation. She primarily represents
architects, engineers, contractors, subcontractors, suppliers, and owners in
technical construction industry matters. She advises clients regarding risk
management throughout the entire construction project, from the conceptualization
of the project and contract negotiations, through post-substantial
completion issues.

Ms. Mullins is a native New Englander and received her J.D. from Roger
Williams University School of Law in Bristol, Rhode Island in 2005. Before
entering the private practice of law, Ms. Mullins started her legal career as a
contracts manager and in-house counsel at a large architectural firm in
Northern Virginia. From that experience, she has unique insight and
perspective on client needs and how to meet them. She is admitted to practice
in Virginia, Maryland, and the District of Columbia.

Ms. Mullins is on the Board of Governors and Treasurer of the Virginia State
Bar Construction and Public Contracts Law Section. She is also an Allied
Professional member of the American Institute of Architects, Northern Virginia
and District of Columbia Chapters, the Past-President for the Northern
Virginia Chapter of Virginia Women Attorneys Association, and Director at
Large and Legislative Committee Chair for the State Board of the Virginia
Women Attorneys Association. She is the author/co-author of numerous
articles in several industry periodicals, as well as a frequent presenter on
construction industry and legal-related topics. Ms. Mullins has been
recognized as a Super Lawyers Rising Star in both Virginia and the District
of Columbia, has been named to Virginia Legal Elite by Virginia Business Magazine,
and has received Martindale-Hubbell’s top (“AV Preeminent”) Peer
and Judicial Review Ratings.

John M. Neary, co-author of Chapter 5, is an associate with Akerman LLP. He represents owners, contractors, and design professionals in civil litigation matters, and provides guidance on contract formation and administration. In addition, Mr. Neary’s practice focuses on state and federal government contracts counseling and dispute resolution in the information technology, defense, and construction industries. He has extensive experience litigating bid protests and contract disputes, as well as helping clients with mandatory disclosures under the Federal Acquisition Regulation (FAR). He earned a B.S. in Civil Engineering from Purdue University in 2005 and was awarded his J.D., with honors, by the George Washington University Law School in 2013.

Ryan J. Pedraza, co-author of Chapter 27, is a senior attorney at Hunton
where he assists clients with the development,
construction and financing of infrastructure projects.

Mr. Pedraza has extensive experience with all phases of Public-Private
Partnerships (P3s) from project planning to the administration of project
agreements. He has been involved with marquee P3s throughout the United
States. Mr. Pedraza joined Hunton following a career in the
public sector. He served in the Virginia Office of the Attorney General, where
he advised executive branch agencies on the planning and execution of P3
projects and other procurement-related matters. Mr. Pedraza also worked as
a program manager in the Virginia Office of Public-Private Partnerships,
where he was instrumental in the delivery of a number of successful P3
transactions.

Mr. Pedraza received his J.D. from the College of William and Mary School of
Law, where he was the student note editor for the William and Mary Bill of
Rights Journal and the William and Mary Environmental Law and Policy
Review. He is admitted to practice in Virginia and Florida.

Chip Purcell, co-author of Chapter 6, is a partner with Thompson Hine LLP
in Washington, D.C. His practice focuses on various government contracts
matters. Mr. Purcell’s government contracts experience includes counseling
clients on the formation and performance of government and commercial
contracts, developing contract formation and negotiation guidelines in federal
procurement, and litigating various government contracts matters. He has
participated in bid protests before the United States Court of Federal Claims
and General Accounting Office and in agency and court litigation involving
claims and contract performance issues before the United States Court of
Appeals for the Federal Circuit, the Court of Federal Claims, and the Armed
Services Board of Contract Appeals. He also has experience in contract negotiation
and performance and dispute resolution matters involving state and
local governments.

Mr. Purcell has substantial experience in developing and negotiating federal
supply schedule contracts with the General Services Administration and has
drafted and negotiated software licensing and subcontractor and teaming
agreements on behalf of clients. He developed an organizational conflict of
interest mitigation plan for a major defense contractor involving spectrum
management contracts valued at $500 million. His litigation experience includes
the representation of a major defense contractor in claims litigation
before the Armed Services Board of Contract Appeals.

Mr. Purcell is admitted to practice before the United States Courts of Appeals
for the Fourth Circuit and the Federal Circuit, the United States Court of
Federal Claims, and the United States Courts for the Eastern District of
Virginia and the District of Columbia. Mr. Purcell is a member of the Virginia
State Bar and District of Columbia Bar. He also is a member of the
Public Contracts Law Section of the American Bar Association and the
Virginia Bar Association and serves on the board of governors for the Board
of Contract Appeals Bar Association. He is a member of the Fourth Circuit
Judicial Conference and the board of editors for the Public Contract Law
Journal, published by the American Bar Association Section of Public
Contract Law in cooperation with the George Washington University School
of Law.

Mr. Purcell earned a law degree in 1994 from the Columbus School of Law at
Catholic University of America, where he was an editor of the Catholic University
Law Review. He graduated with distinction from Duke University in
1989 with a B.A. in history. Mr. Purcell served as a law clerk for the
Honorable Henry Coke Morgan, Jr., United States District Judge in the
Eastern District of Virginia, and was subsequently a government contracts
litigation associate in the Washington, D.C., area. Before joining Thompson
Hine LLP, Mr. Purcell was previously an attorney in the Government Contracts
Section of Cooley LLP in Washington, D.C., and WilliamsMullen, in
Tyson’s Corner, Virginia.

Jack Rephan, author of Chapter 11, is shareholder in the Virginia Beach firm of Pender & Coward, P.C. He is a member of the bars of Virginia and the District of Columbia and is admitted to practice before the United States Supreme Court. After serving as a law clerk for the United States Court of Claims, Mr. Rephan was in private practice in Washington, D.C., from 1962 through 1993. Since 1993, he has practiced law in the Hampton Roads area. Mr. Rephan’s legal career has covered a broad range of areas of the law, although his current practice is primarily devoted to construction law, government contract law, alternate dispute resolution, and civil litigation. Mr. Rephan has represented contractors, subcontractors, suppliers, and owners in a host of construction disputes on federal, state, and local construction projects. In addition to his work in litigation, he regularly represents parties to construction disputes in arbitration and mediation and also regularly serves as an arbitrator and mediator of construction disputes for the American Arbitration Association. He also is an arbitrator for the Financial Industry Regulatory Authority. He has been a lecturer for many years on construction law subjects in seminars sponsored by the Construction and Public Contracts Law Section of the Virginia State Bar, the American Institute of Architects, Associated Builders and Contractors, The Associated General Contractors of Virginia, Lorman Education Services, and other organizations. He is the author of several articles on construction law and other subjects. Mr. Rephan has served both as the chair and as a member of the Board of Governors of the Construction and Public Contracts Law Section of the Virginia State Bar. He has been named by Virginia Business magazine as one of the best construction lawyers in Virginia, listed in Best Lawyers in America in the field of construction law, and listed by Virginia Super Lawyers for construction litigation. He also holds an AV rating from Martindale Hubbell. Mr. Rephan earned a B.S. in Commerce from the McIntire School of Commerce at the University of Virginia in 1954 and a J.D. in 1959 from the University of Virginia Law School.

Bob Richardson, author of Chapter 22, is the principal of The Law Office of
Robert K. Richardson, where he practices in the areas of construction law,
real estate law, and commercial litigation. He has practiced law since 1973.
He retired from Odin, Feldman & Pittleman, P.C. in 2016 and has maintained
a solo practice since then. Mr. Richardson has lectured throughout
Virginia at seminars on mechanics’ liens, construction law, construction contracts,
and real estate law; has published numerous seminar outlines in
conjunction with the lectures; and has had articles on the perfection and
enforcement of mechanics’ liens and notice of claim requirements under the
Virginia Public Procurement Act published in the September 1991 and
October 1999 issues of the Virginia Lawyer. He has been lead counsel in
numerous reported cases from the Virginia Supreme Court, the United States
Court of Appeals for the Fourth Circuit, and the United States District Court
for the Eastern District of Virginia.

Mr. Richardson earned an A.B. from Duke University in 1970 and a J.D. from
George Washington University Law School in 1973. Mr. Richardson is a
member of the Virginia Bar Association, the Fairfax Bar Association, the
Virginia State Bar Construction Law and Litigation Sections, the District of
Columbia Bar Association Government Contracts and Litigation Sections, the
Virginia Trial Lawyers Association, and the Litigation Counsel of America.

Thomas E. Spahn, author of Chapter 24, practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Mr. Spahn was selected as the 2013 metro-Washington DC “Lawyer of the Year” for “Bet the Company Litigation” by The Best Lawyers in America (Woodward/White, Inc.). He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation. He has written extensively on attorney-client privilege, ethics, and other topics, and has spoken at over 1,400 CLE programs throughout the U.S. and in several foreign countries. Through links on his firm’s website bio, he has made available to the public: his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 750 weekly email alerts about privilege and work product cases; materials for thirty ethics programs on numerous topics, including approximately 7,000 pages of analysis. Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

David K. Spiro, author of Chapter 19, is founding partner in the Richmond
law firm of Spiro & Browne, PLC, which specializes in bankruptcy and
commercial litigation. Prior to co-founding Spiro & Browne, Mr. Spiro
practiced with Hirschler Fleischer, P.C., where he co-chaired the firm’s
bankruptcy practice group. Mr. Spiro’s practice focuses on bankruptcy
generally, with an emphasis on the representation of distressed businesses
and business owners. Mr. Spiro routinely represents builders, contractors,
lenders, and various other entities under all bankruptcy chapters and in
workout proceedings. Mr. Spiro earned both his B.A. in Economics and his
J.D. from the University of Virginia.

Karen M. Stemland, co-author of Chapter 20, is of counsel at Woods Rogers, where she focuses her practice on commercial litigation, construction contracts and disputes, and insurance coverage. In addition, she provides guidance on risk management, contract drafting, and dispute resolution. Formerly with the Charlottesville firm of Morin & Barkley LLP, Ms. Stemland focused on construction, real estate, franchise, bankruptcy, and product liability matters. Ms. Stemland graduated cum laude from Georgetown University Law Center in 2001. She served as Senior Notes Editor for the Georgetown International Environmental Law Review from 2000-2001. Ms. Stemland earned her B.A. from Colgate University in 1997, where she graduated magna cum laude with Honors in Political Science. Prior to law school, Ms. Stemland worked in the Antitrust Division of the U.S. Department of Justice.

Bruce E. Titus, co-author of Chapter 4, has had a broad commercial dispute
resolution practice that addresses a variety of contract issues, landlordtenant
disputes, design and structural failure litigation, and other
construction-related matters. He has represented design professionals in all
aspects of their practices and also has represented clients in arbitration,
mediation, and other alternative dispute resolution proceedings. A former
member of the American Arbitration Association’s National Panel of
Arbitrators and Mediators, he now provides mediation and other dispute
resolution services as a member of The McCammon Group in Richmond,
Virginia. He has also been a frequent lecturer on the subjects of dispute
resolution, risk allocation, and management. Mr. Titus is admitted to practice
in Virginia, the District of Columbia, and Maryland.

Mr. Titus received his B.A. and J.D. from the College of William and Mary,
where he served as Executive Editor of the William & Mary Law Review, was
a recipient of the William A.R. Goodwin Scholarship, and was a member of
Omicron Delta Kappa National Leadership Society. Mr. Titus served in the
United States Department of Justice from 1971 to 1982 and attained the
position of Deputy Director of the Civil Division’s Torts Branch before
entering private practice.

Mr. Titus is a member of numerous professional organizations, including the
American Bar Association, the Maryland State Bar Association, the Virginia
State Bar Association, the Bar Association of the District of Columbia, and
the Fairfax County Bar Association. He has served as a member of the
Dispute Resolution Advisory Council of the Supreme Court of Virginia, a
member of the Virginia State Bar Council, the Chair of the Virginia State
Bar Construction and Public Contracts Law Section, and as President of the
Fairfax County Bar Association. For more than twenty-five years, Mr. Titus
has served on the Fairfax County Engineering Standards Review Committee.

Charles E. Wall, co-author of Chapter 27, is a partner in the Washington,
D.C., office of Seyfarth Shaw LLP, and a member of the firm’s national
construction practice. He assists clients in all aspects of public-private partnerships
(P3s) and infrastructure development from initial concept through
project completion and beyond. A frequent speaker on P3s and design-build,
Mr. Wall was recognized by Best Lawyers in America as 2019 “Lawyer of the
Year” in Construction Law in Richmond.

Mr. Wall’s experience is extensive and includes some of the most complex P3
projects in the United States. His work focuses on crafting risk-sharing
arrangements involving project financing, design and construction, and longterm
operation and maintenance of high-priority infrastructure developments.

Mr. Wall has advised both private- and public-sector clients on
numerous procurement matters and alternative project deliveries. In addition,
he advises clients on a vast array of construction and corporate matters,
including joint ventures and teaming arrangements.

A member of the Virginia State Bar and a past chair of its Standing Committee
on Professionalism, Mr. Wall is also admitted to practice in the District
of Columbia. He received a J.D. from the University of Richmond School
of Law and a B.B.A. from the College of William and Mary.

James L. Windsor, author of Chapter 18, is a partner with Kaufman &
Canoles, P.C. and is based in the firm’s Virginia Beach office. He is the Chair
of the firm’s Real Estate Claims & Title Insurance Solutions Group. Mr.
Windsor is an AV Preeminent-rated lawyer with over 33 years of experience
and expertise in counseling and litigation involving construction, mechanics’
liens, bond claims, mortgage lending, creditors’ rights, and commercial and
banking law.

Mr. Windsor has written a book, a law review article, and many articles on
topics of interest to the construction and real estate industry. Mr. Windsor
was selected by peers and recognized by Virginia Business magazine as a
member of “Virginia’s Legal Elite” in 2003, 2004, 2007-2014, and 2016-2017
in the areas of Construction Law and Real Estate and was listed in Virginia
Super Lawyers in 2006 and 2010-2018 in the area of Real Estate. He received
the Distinguished Service Award from the Virginia Land Title Association for
2015-2016, and was a Martindale-Hubbell Top Rated Lawyer in Insurance
Law in 2013. In 2018, he was listed as a Top Rated Lawyer in Insurance Law
and a Top Rated Lawyer in Litigation Law in The American Lawyer and
Corporate Counsel magazine. In addition, in 2018, Mr. Windsor was selected
by peers and recognized by Best Lawyers in America 2018-2020 in the area of
Real Estate.

Mr. Windsor earned a B.S. degree, cum laude, from James Madison University
and a J.D. from the T.C. Williams School of Law at the University of
Richmond. He is a member of the Virginia State Bar, the American Bar
Association, the Virginia Beach Bar Association, and the Virginia Land Title
Association. Mr. Windsor lectures frequently before construction and real
estate professionals, lenders, lawyers, and others involved in construction
and real estate law.

Randall H. Wintory, author of Chapter 7, is the Senior Transportation
Claims Manager for the Virginia Department of Transportation. Prior to
joining VDOT, he represented VDOT and other state agencies for over ten
years as an Assistant Attorney General. As lead trial attorney, he successfully
defended VDOT from one of the largest construction contract claims
ever brought against VDOT. He currently serves as an officer of the Board of
Governors of the Virginia State Bar Construction and Public Contracts Law
Section. He is a former Chair of the Virginia Bar Association Construction
and Public Contracts Law Section.

Mr. Wintory is also the author of four articles on construction-related issues:
“The Patent Ambiguity Doctrine: Clarifying the Duty to Inquire” (Virginia
Lawyer,, Feb. 2013); “Working with the Multi-Employer Policy” (VBA News
Journal, July/Aug. 2007); “An Analysis of Virginia Code § 43-11, as Amended:
An Old Law That Is Still Good Law” (Va. Lawyer, Oct. 2006); and “Cost Plus
Contracts: Fair Deal or License to Steal?” (Virginia Lawyer, Feb. 2003). He
earned a J.D. from the Marshall-Wythe School of Law at the College of
William & Mary in 1998 and, since then, has had the pleasure of practicing
law as a Virginia construction and public contracts lawyer.

David Hilton Wise, author of Chapter 25, is a partner with the law firm of Wise & Donahue, PLC, with offices located in Fairfax, VA, Annapolis, MD, and Reno, NV. Mr. Wise is a construction lawyer who handles cases in a wide variety of jurisdictions throughout the United States. He had successfully tried cases involving construction defects, toxic mold, sick building claims, defective design, impact and delay claims, performance and payment bond claims, and other construction contract disputes. Mr. Wise is licensed in California, the District of Columbia, Maryland, Nevada, and Virginia and is also licensed as a professional civil engineer in California. Mr. Wise has also been involved in several class actions involving defective construction products, and is currently serving on the plaintiff’s steering committee in an MDL case involving Pella Windows. He has represented homeowners, general contractors, construction managers, subcontractors, suppliers, and sureties in a wide variety of construction-related disputes. His experience as both an engineer and a lawyer is particularly helpful in the preparation and resolution of construction-related claims and in litigation involving the complex issues associated with toxic mold and sick building claims. Mr. Wise is a frequent lecturer on construction-related topics. He is a member of The American Bar Association-Forum Committee on Construction Industry and Litigation section, the Virginia State Bar-Construction Law Section, the Virginia Trial Lawyers Association, the Maryland State Bar, the California State Bar, the District of Columbia Bar, and the Nevada State Bar. Mr. Wise earned a B.S. in Civil Engineering from the University of Nevada-Reno in 1985 and a J.D. from the University of San Diego Law School in 1989.

Thomas M. Wolf, author of Chapter 1, is a trial lawyer and heads the Construction Industry Team of Miles & Stockbridge. Focusing his practice on construction law and business litigation, Mr. Wolf has tried more than 100 cases to verdict before juries, judges, and arbitrators. He has been lead counsel in litigation in more than 20 states and was the senior member of the trial team that won the then-largest jury verdict in Virginia history—$100.5 million against Nationwide Insurance Co. An adjunct professor teaching construction law at the University of Richmond School of Law since 1986, Mr. Wolf has served the Virginia State Bar as chair of its Construction Law and Public Contracts Section. He is a frequent speaker to lawyers and industry groups on legal issues related to construction and is the author of numerous articles, chapters, and books regarding construction law. He has been active in the American Bar Association’s Forum Committee of the Construction Industry, the Associated General Contractors of Virginia, the Construction Specifications Institute, and the American Institute of Architects. Mr. Wolf graduated Order of the Coif from Vanderbilt University School of Law and cum laude from Vanderbilt University.