Shareholder
Jack Rephan
- Office: Office: (757) 490-6278
- Fax: (757) 502-7364
- jrephan@pendercoward.com
- vCard
Jack Rephan is a firm shareholder who practices in the areas of construction law, government contracts, mediation and arbitration.
Experienced in construction law, Jack provides legal services and is a trusted advisor to contractors, subcontractors, suppliers and owners involving a host of construction and government contract law matters arising under federal, state, and local public construction and procurement contracts, as well as private construction projects. He frequently serves as a mediator and arbitrator of complex construction disputes as a member of the American Arbitration Association’s National Panel of Neutrals. Jack's experience in construction and government contract law includes matters such as bid protests and bid mistakes, contract review, contract interpretation, changes and extra work, differing site conditions, delays, design defects, defective workmanship, contract termination and default, insurance and surety issues, design-build issues, teaming agreements, mechanics’ liens and payment bond claims.
Jack has authored articles and contributed to publications on government contracts law and construction subjects. He has been a featured speaker for many years on construction law subjects at seminars sponsored by Virginia CLE, Associated General Contractors of Virginia, Associated Builders & Contractors, Hampton Roads Utility & Heavy Contractors Association and other construction industry organizations. Jack also has been a guest lecturer at the Regent University School of Law.
Two appearances before United States Supreme Court in J.W. Bateson Co., Inc. v. Board of Trustees of the National Automatic Sprinkler Industry Pension Fund, 434 U.S. 586, 98 S.Ct.873, 55 L.Ed. 2d 50 (1978) and United States v. Acme Process Equipment Co., 385 U.S. 138, 87 S.Ct. 350, 17 L.Ed. 2d 249 (1966).
Asphalt Roads and Materials Co., Inc. v. Commonwealth, Department of Transportation, 257 Va. 452, 512 S.E. 2d 804 (1999).
District of Columbia v. Pierce Associates, Inc., 527 A.2d 306 (D.C. App. 1987).
District of Columbia v. Savoy Construction Company, Inc., 515 A.2d 698 (D.C. App. 1986).
- American Arbitration Association - Arbitrator and Mediator on the National Panel of Neutrals
- Public Arbitrator - Financial Industry Regulatory Authority
- Virginia Bar Association - Construction and Public Contract Law Section, Past Chair and Member, Board of Governors
- American Bar Association - Forum on Construction
- Norfolk-Portsmouth Bar Association
- Virginia Beach Bar Association
- AV® Preeminent™ Rated, Martindale-Hubbell® Peer Review Ratings™
- Hampton Roads Utility and Heavy Contractors Association (HRUHCA), President’s Award, 2016 and 1996, Associate of the Year Award, 2006 & 2013
- Virginia’s Legal Elite, Alternative Dispute Resolution, 2001-2018 Construction Law, 2019
- Coastal Virginia's Top Lawyers, 2016-2020
- Virginia Super Lawyers, 2018-2020
- Best Lawyers in America, Construction Law, 2019-2021
- Hampton Roads Utility and Heavy Construction Association (HRUHCA), General Counsel
- Project Healing Waters Fly Fishing
- Able Women Foundation, Inc.
- Home Owners’ and Condominium Associations, Past Board Member and President
- Perfecting and Successfully Enforcing a Mechanic’s Lien and Dealing with a Lender’s Priority - August 2020
- COVID-19 Presents Construction Industry with Challenging New Legal Issues - April 2020
- Teaming Agreements in Virginia: Are They Enforceable? - July 2019
- Implied Certification: A New Trap for Unwary Federal Contractors - April 2018
- New SBA Rules Allow Greater Use of Joint Ventures by Both Small and Large Businesses for Participation in Small Business Set Asides - March 2017
- Virginia Supreme Court Holds Teaming Agreement Unenforceable - September 2016
- Legal Issues and Risk Allocation in Design-Build - May 2016
- Is Manifest Disregard of the Law Still a Ground for Vacating Arbitration Awards? - March 2016
- Teaming Agreements in Virginia: Are They Enforceable? - January 2016
- What do Construction Lawyers Do? - May 2015
- Walking Through a Subcontract Minefield Without Stepping on a Mine - January 2015
- A Gift from Congress for Small Businesses - March 2014
- Mediation: A More Effective Way to Resolve Construction Disputes - May 2013
- SWaM Certification - December 2012
- Article: Equipment Ownership Cost - March 2012
- Equipment Ownership Cost as an Element of Job Costs - February 2012
- Arbitration of Construction Disputes - September 2011