Commercial Litigation

The Key to Identifying AIA Contracts

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08/22/2016Golden, Sean M.

LAW TIPS Authored by Attorney Sean Golden, sgolden@vanblacklaw.com, 804-237-8800 The American Institute of Architects (AIA) published its first uniform contract for use between an owner and a contractor in 1888.  In the 125+ years that have followed, AIA contract documents and administrative forms have emerged as the industry standard, and as the most heavily used… Read more »

The Key to Identifying AIA Contract Documents

latest news

08/22/2016Golden, Sean M.

LAW TIPS Authored by Attorney Sean Golden, sgolden@vanblacklaw.com, 804-237-8800 The American Institute of Architects (AIA) published its first uniform contract for use between an owner and a contractor in 1888.  In the 125+ years that have followed, AIA contract documents and administrative forms have emerged as the industry standard, and as the most heavily used… Read more »

Virginia Supreme Court Confirms Employee Firings on the Spot

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07/20/2016Lowenstein, Neil S.

Law Tips Authored by Neil S. Lowenstein In a recent opinion involving a fired realtor, the Virginia Supreme Court confirmed that at-will employees can be fired on the spot, without any prior notice to the employee. The decision was unanimous, and noted that while the firing notice “must be reasonable,” advance notice was not required… Read more »

Criminal Liability for False Representation in Obtaining Building Permit

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07/20/2016Vandeventer Black

Law Tips Authored by John R. Lockard According to a recent court decision from the Court of Appeals of Virginia, Anthony Cummings signed a contract with a homeowner in Chesapeake, Virginia to build an in-ground swimming pool.  The homeowners gave Mr. Cummings a $12,000 down payment on the contract.  The contract identified the contractor as… Read more »

SBA Issues Final Rule Regarding Affiliation Calculation of Annual Receipts Limitationson Subcontracting and Joint Ventures

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07/08/2016Lowenstein, Neil S.

Authored by Neil S. Lowenstein In its Final Rule issued May 31, 2016, the Small Business Administration issued rules implementing the 2013 National Defense Authorization Act. The Final Rule has a myriad of aspects applicable to awards in various small business programs, and this short summary is not intended to address them all; but rather… Read more »

Understanding Commercial General Liability Insurance

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05/10/2016Ostroff, Gretchen M.

Is that claim covered? Authored by Gretchen M. Ostroff The Supreme Court of West Virginia recently decided what types of claims fall under the definition of “occurrence” in a Commercial General Liability (“CGL”) insurance policy. Nationwide Mutual Insurance Company v. Wilson arose out of an agreement between property owners and a contractor for construction of a… Read more »

The Risks of Using Criminal Statutes to Collect Construction Debts

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07/14/2015Vandeventer Black

Authored by attorney John Lockard The failure to make payment on a construction contract may not only result in a claim for money damages in a civil lawsuit, but it may also result in a violation of a criminal statute.  For example, Code of Virginia Section 43-13 makes it a felony to use funds received… Read more »

False Claims Act: The Fourth Circuit’s Triple Canopy Decision

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07/06/2015Caramore, Megan

Authored by attorney Megan Caramore The False Claims Act, 31 U.S.C. §§3729-3733, also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies (often federal contractors) who defraud the government.  The Act prohibits contractors from presenting the government with a false or fraudulent claim for payment. The Fourth Circuit… Read more »

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

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06/16/2015Rixey, James B.

Authored by attorney Jay Rixey On April 15, 2015, the General Assembly enacted legislation amending Virginia Code § 43-3, providing that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights, right to assert bond payment claims, or the right to assert claims for additional costs in advance of furnishing… Read more »