Docstoc

a. Construction Division Guest_ Judge Anthony S. Borwick with the

Document Sample
a. Construction Division Guest_ Judge Anthony S. Borwick with the Powered By Docstoc
					                              Public Contract Law Section

                                   Construction Division

                              Bi-Monthly Conference Call

                                   MEETING MINUTES

                                       May 22, 2012



1.    CALL TO ORDER AND SELF-INTRODUCTIONS

      Co-chair Aaron Silberman called the meeting to order at 2:00 pm (Eastern). Those in
attendance:
      Aaron Silberman, Co-chair
      Eric Nelson, Co-chair
      Ed Gallagher, Vice Chair
      Stephan Kiraly, Vice Chair
      Hugh Bell, Vice Chair
      Darin Jones, member
      Lewis Baker, member
      Steve Withee, member
      Jay Griffiths, member
      Mark Mercer, member
      Jeff Chiow, member
      Hon. Anthony S. Borwick, guest
      Hon. Jonathan Zischkau, guest
      Casey Johnson, guest
      Ray Saunders, guest
      Margo Bennett, guest
      John Smolen, guest


                                                                                  1318530.1
     Bill Hammer, guest


2.   APPROVAL OF MINUTES OF PREVIOUS DIVISION CALL

     N/A



3.   RECENT DIVISION ACTIVITIES

     N/A



4.   UPCOMING DIVISION ACTIVITIES

     a.    CLE Teleconference

           Mr. Silberman reported that the CLE teleconference will be on June 28, 2012
           and will discuss federal restrictions on contracting with suspended or debarred
           subcontractors and suppliers. The speakers for the teleconference include Neil
           O”Donnell and Jeff Chiow of Rogers Joseph O’Donnell and government and
           in-house counsel have been invited as well.

     b.    Division Breakfast Program at ABA Annual Meeting

           Mr. Silberman reported that the Division will present a breakfast program on
           August 6, 2012, titled “Organizational Conflicts of Interest in Federal
           Construction Contacting: Unique Challenges Facing the Construction
           Industry.” The program description is as follows: Organizational Conflicts of
           Interest (OCIs) pose unique challenges for the construction industry and
           government agencies involved with construction contracting. Proposed new
           regulations issued by the FAR Council on April 2011 and recent OCI
           decisions issued by the Government Accountability Office and U.S. Court of
           Federal Claims add new dimensions to current requirements. Panelists will
           address the important legal issues relating to OCIs, including the contracting
           officer's identification and investigation of OCIs, compliance challenges and
           issues presented by the proposed rules, emerging issues at the intersection of
           OCI and Personal Conflict of Interest, and the strategies construction
           contractors can undertake to mitigate the risk that OCIs will disqualify them
           from contract award. The panel will consist of Vice-Chair Dan Edwards
           (Thompson Hine); Division members Tamara McNulty (Fox Rothschild) and
           Kathryn Muldoon (Smith Pachter McWhorter); Laura J. Arnett, Assistant



                                                                                   2318530.1
           District Counsel, Army Corps of Engineers; and Amy Hernandez, Director of
           Government Compliance, Balfour Beatty Construction.



5.   “TOP SHEET” COLUMN FOR THE PROCUREMENT LAWYER

     a.    Mr. Silberman requested additional “Top Sheet” articles for the Winter 2012
           and early 2013 issues. Vice Chair Ed Gallagher volunteered to submit an
           article to TPL on the Federal Circuit’s decision in Lumbermens v, U.S. for the
           Fall 2012. Mr. Nelson volunteered to submit an article for one of the
           upcoming TPL issues.



6.   REPORTS

     N/A



7.   GUEST SPEAKERS

     a.    Construction Division Guest, Judge Anthony S. Borwick with the Civilian
           Board of Contract Appeals, spoke on “Preparing and Trying the Construction
           Case.” Judge Jonathan Zischkau from the CBCA was also on the conference
           call.

     b.    Judge Borwick provided several insights into trying a construction case before
           the Board, using recent examples of the J.E. Dunn and the Fluor
           Intercontinental cases. Judge Borwick emphasized the need to build the
           construction case at the hearing chronologically, based on the documents in
           the record. The focus should be on contract terms and scope, rather than on
           general legal concepts. He noted that the use of experts will typically be
           necessary, especially with the delay and lost productivity claims. But that
           testimony must be consistent with the fact evidence presented during the
           hearing. Judge Borwick’s discussions are set out in the article the he provided
           to the Division prior to his presentation.

     c.    Judge Borwick is a member of the Claims and Disputes division and invited
           the Construction Division members to attend a teleconference to be headed by
           Judge Borwick in June, 2012.



8.   ADJOURNMENT AND NEXT MEETING



                                                                                   3318530.1
a.   Having no further business, the meeting was adjourned at 3:00 p.m. (Eastern).

b.   The next Division call is scheduled for July 24, 2012, at 2:00 p.m. (Eastern).




                                                                              4318530.1

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:4/4/2013
language:English
pages:4