This comprehensive, stand-alone publication is direct from the November 2019 seminar, cosponsored with the Construction Law and Public Contracts Section of the Virginia State Bar.
MEDIATION ETHICS
Thomas E. Spahn
MEDIATION ETHICS
HYPOTHETICALS AND ANALYSIS
WHEN ICE KNOCKS: EMPLOYER’S ISSUES AND DUTIES FOR
IMMIGRATION AND COMPLIANCE IN TODAY’S ENVIRONMENT
Tom C. Narvaez
Jennifer L. West
I. Relevant Agencies and Their Roles
II. What is Employment Authorization?
III. Trends Under the Current Administration
IV. Immigration Compliance and the Employer’s Role
V. Workplace Raids
FROM THE SURETY’S PERSPECTIVE: WHEN A CONTRACTOR
HITS THE ZONE OF INSOLVENCY OR FILES FOR BANKRUPTCY
Margaret L. DeVoll
Jennifer L. Kneeland
REHABILITATION OF THE CAVALIER HOTEL – PART 2
Dave Mykins
Greg Rutledge
I. History of the Cavalier Hotel
II. Sale of the Property and Financing
III. Investigation of the Existing Conditions
IV. Structural Challenges and Solutions
V. Construction and Unforeseen Conditions
VI. The Rehabilitation and Specific Challenges
VII. The Restored Cavalier Hotel
GETTING THE MOST OUT OF MEDIATION:
PREPARATION, PERSUASION & PATIENCE
Stephen (Hobie) F. Andrews
James W. Barkley
Courtney Moates Paulk
OSHA ON THE CONSTRUCTION JOBSITE
K. Brett Marston
Jay Withrow
CONSTRUCTION DAMAGES: THE ROAD FROM SPECULATIVE TO
REASONABLY CERTAIN
Part I – Evolution of Standards and Protocols for Establishing Loss of
Productivity Claims
Mark. I Anderson
I. Abstract
II. Introduction
III. Causes of Labor Inefficiency
IV. Historical Methods and Standards
A. Measure Mile Approach
B. Trade and Industry Studies
C. Total Cost and Modified Total Cost Methods
D. Comparing the Methods
V. Evolution of Project Controls Integration by Owners and Contractors
A. Cost and Resource Loaded Schedules
B. Earned Value Applications
C. Integration of Cost Loaded Schedules and Schedule of Values
Under Earned Value Project Controls Systems
VI. Conclusion
Part II – Legal Standards for Proving Construction Contract Damages in
Labor Productivity and Construction Defect Cases
Daniel J. Kraftson
I. Legal Standard for Proving Damages – Construction Contract
Dispute
II. Loss of Labor Productivity
III. Construction Defects
EXPERT DISCLOSURES: STATE AND FEDERAL REQUIREMENTS
Hon. Elizabeth K. Dillon
Hon. J. Frederick Watson
I. State Requirements
A. Duty to Disclose
B. Consequences for Failing to Disclose
II. Federal Requirements
A. Duty to Disclose
B. Consequences for Failing to Obey Scheduling Order
C. Consequences for Failing to Disclose
RECENT DEVELOPMENTS IN CONSTRUCTION AND PUBLIC CONTRACTS
LAW IN VIRGINIA
Scott W. Kowalski
Thomas M. Wolf