Construction Law and Public Contracts Section by J. Barrett Lucy, section chair The Construction Law and Public Contracts Section appreciates the opportunity to present three articles that address important legal issues within the construction indus-try. Our authors discuss infrastructure improvements within the context of public-private partnerships; whether teaming agreements are enforceable under Virginia law; and, protecting payments on construction projects from bankruptcy estate claw-backs. Once again, Arnie B. Mason, the chair of our publications committee, selected focused authors from within our section to share their professional knowledge about these important issues. We believe that you will fi nd these articles insightful and useful to your practice. In “Delivering Infrastructure Better, Faster and Cheaper,” Charles V. “Chuck” McPhillips outlines an approach to the procurement process with several benefi ts, including saving taxpayer money. Chuck emphasizes the importance of the public owner taking into consideration potential signifi cant costs beyond initial project costs. Chuck discusses the necessity to shift and curtail project risks. He also compares different public-private partnership models and introduces us to a hybrid model known as the “New American Approach.” In “Teaming Agreements in Virginia,” Jack Rephan re-views the enforceability of teaming agreements in Virginia. As Jack explains, there are multiple issues that must be considered within the context of teaming agreements. Jack provides a de-tailed summary and analysis of the applicable case law impact-ing teaming agreements and offers some guiding principles to bear in mind when drafting a teaming agreement or, alterna-tively, challenging the enforceability of a teaming agreement. In “Protecting Payments on Construction Projects,” Karen Stemland offers best practices for structuring transac-tions on construction projects to minimize the bankruptcy estate’s ability to reclaim transaction funds. She explains the fi ve elements that a trustee must prove to establish a voidable preference. Karen next discusses a recent case addressing the interplay of bankruptcy estate claw-backs and joint check www.vsb.org payments. Karen also proposes solutions to practitioners con-fronted with a possible claw-back scenario on a construction project. Our section offers impressive educational and network-ing opportunities to its members. We sponsor multiple CLEs throughout the year, provide access to the Construction Law Handbook — a valuable resource that indexes and digests con-struction law cases from Virginia’s federal and state courts, and put out a semi-annual newsletter updating our members about recent judicial decisions and new legislation. Our section also maintains an informative website that provides, among other information, details of upcoming events. Finally, during our two-day CLE at the Boar’s Head Inn on November 1–2, 2019, our section will celebrate 40 years of providing service to its members. As always, attendees will receive the benefi t of hearing from extraordinary speakers, including judges, lawyers, and experts, discussing critical legal issues faced by our clients. The program also provides our members with impressive networking opportunities in a fantastic venue. We hope that you will join us in Charlottesville and take advantage of this opportunity to further develop your construction-law based practice. I encourage you to join our section, and to contact me for additional information about the benefi ts of being a member. J. Barrett Lucy is a partner with Freeman, Dunn, Alexander, Gay, Lucy & Coates, P.C. in Lynchburg and focuses his practice on civil and commercial litigation, including disputes in the construction and government con-tracting arenas. Lucy has an active transaction and litigation practice. He is the chair of the board of governors of the Construction Law and Public Contracts Section of the Virginia State Bar. CONSTRUCTION LAW AND PUBLIC CONTRACTS SECTION | Vol. 68 | June 2019 | VIRGINIA LAWYER 21