Jack Rephan


Pender & Coward
222 Central Park Ave.
Suite 400
Virginia Beach, VA 23462

Tel: (757) 490-6278

Email: jrephan@pendercoward.com
Web: www.pendercoward.com

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 is a founder and has served two terms as the chair of the Construction and Public Contract Section of the Virginia State Bar.

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).

Pender & Coward’s Construction Law attorneys represent large and small businesses, as well as individual owners, developers, general contractors, subcontractors, suppliers and material men. We negotiate and handle building construction contracts, repairs, rehabilitation and demolition of commercial, governmental, and residential buildings, and roadways, dams, bridges, bulkheads, and golf courses.

Our construction lawyers handle the broad range of matters encountered in the construction industry, including:

  • Contracts for construction, remodeling, rehabilitation and demolition of buildings and other structures
  • Licensing of contractors, architects and professional engineers
  • Building codes, building permits, zoning, special use permits and condominiums
  • Change orders, extra work orders and differing site condition claims
  • Immigration, labor law, safety, and Federal and Virginia Occupational, Safety, Health Administration (OSHA/VOSHA) rules, regulations and violations
  • Claims, defenses and enforcement of mechanics and materialmen liens
  • Insurance coverage for builders’ risk, liability and property damage
  • Creditors’ rights relating to bankruptcy of owners, contractors, subcontractors or materialmen
  • Project scheduling issues, delay claims and time extensions
  • Inspection, acceptance and warranty matters
  • Termination of contracts for the convenience of the Government or for default and monetary claims for default
  • Litigation and alternative dispute resolution related to construction

Construction is extensively regulated by government statutes, and contract provisions, and is subject to rulings of the courts and administrative tribunals applying common law principles which are unique to construction contracts. It is very important to have an attorney with extensive experience in construction law to provide advice and representation during the formation of construction contracts and throughout the performance of construction projects. Among our experienced attorneys are one practicing construction law for over 50 years, and another with over 30 years’ experience.

Pender & Coward lawyers are committed to your success and peace of mind. Our motto is simple, yet effective: “Service. Integrity. Results.” Our adherence to that motto transcends the legal services we provide, whether in complicated business law, complex litigation, family law or personal injury. Our attorneys are dedicated to each client’s best interests, and strive to provide first rate legal services at a very fair value.

We believe in strong relationships and long-term partnerships. We strive to meet every client’s evolving needs. We understand the need to be proactive, and to provide immediate attention to your pressing matters. Legal issues frequently arise without warning, and it is our duty to confront them promptly.

This philosophy is not new or untested. Pender & Coward ranks among the oldest law firms in southeastern Virginia, dating back to 1889 when W.D. Pender first established his legal practice in Norfolk. Since then, the firm has grown to include more than 30 talented attorneys who represent clients throughout the Commonwealth of Virginia and Coastal North Carolina from offices in Virginia Beach, Chesapeake and Suffolk. Our attorneys remain committed to the community and to the local bar by actively seeking opportunities to serve.

Though Pender & Coward is headquartered in Hampton Roads, the firm has established an affiliation with MERITAS, an alliance of independent full-service law firms with offices in every major city worldwide, enabling our firm to connect you with local counsel and experience in all corners of the globe.