Construction Defect

For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating

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05/07/2014Vandeventer Black

Authored by attorney Casaundra M. Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project.  One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government contacts many clause must be “flowed down” to… Read more »

Email is Not Private

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12/19/2013Genzler, Patrick A.

Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when… Read more »

Summary of New Rules Regarding Section 503 of the Rehabilitation Act of 1973

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12/09/2013Sieg, J. Brandon

Authored by Attorney J. Brandon Sieg On September 24, 2013, the Department of Labor published revisions to its non-discrimination and affirmative action regulations associated with Section 503 of the Rehabilitation Act of 1973.  Although the regulations will become effective on March 24, 2014, additional time is permitted for current contractors to bring their affirmative action… Read more »

Construction Site Falls, Injuries & Fines

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04/26/2013Nicholos, George M.

Authored by attorney George M. Nicholos Falls are the leading cause of death in construction according to the latest OSHA reports. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe workplace and… Read more »

Rebound in Construction Activity?

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03/22/2013Nicholos, George M.

Authored by attorney George M. Nicholos The Architecture Billings Index for February of 2013 indicates a continued strong pace in design activity in architectural firms and suggests an oncoming jump in nonresidential construction spending during the second half of this year. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys… Read more »

New Restrictions on Mechanic’s Lien in Virginia

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03/04/2013Harvey, James R.

Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs… Read more »

A Corporate Entity: A Means to Limiting Liability, But Not Just a Shield

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07/13/2012Golden, Sean M.

Jul 2012 , Vol. VI, No.1 Authored by attorney Sean Golden It is an all-too-commonly held belief that, by merely registering an organization as a corporation or limited liability company with the State Corporation Commission, or by signing a corporation’s name to a contract, those individuals can totally shield themselves from liabilities associated with that… Read more »

Am I Responsible for That?

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07/13/2012Lowenstein, Neil S.

Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner.  Contractors then typically hire multiple subcontractors to perform various portions of that work.  And, subcontractors then hire sub-subcontractors to perform various portions of their work.  And, so on depending upon the nature of the particular project.  Often the work being performed… Read more »

Keeping Third Parties At Arm’s Length

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07/13/2012Nicholas, Edward E.

Jul 2012 , Vol. VI, No.1 Authored by attorney Ned Nicholas If we contract with someone we expect that if we don’t hold up our end of the bargain, then we may get sued for breach of contract.  That is one of the known risks of doing business.  But we don’t expect to get sued… Read more »