Construction

Recent Virginia Supreme Court Decision Impacts Subcontractor Liability

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01/31/2017Ostroff, Gretchen M.

PART ONE:  Flowing-Down the Statute of Limitations to Subcontractors Last month the Virginia Supreme Court issued an impactful case decision regarding subcontractors’ liability. That decision, Hensel Phelps Construction Co. v. Thompson Masonry Contractor, Inc., in particular, addressed the effect of general subcontract flow-down provisions and reaffirmed prior law on the enforceability of indemnity provisions in… Read more »

General Accountability Office Proposing Fee for E-Filing Protests

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06/14/2016Vandeventer Black

LAW TIPS Authored by Attorney Blake Christopher – bchristopher@vanblacklaw.com Dissatisfied bidders and offerors can currently file protests for free electronically, but the General Accountability Office (GAO) is now proposing a $350 fee. The reasons given for the change are to finance the program, including a new system, and seemingly to discourage what the GAO’s considers… 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 »

Supreme Court of Virginia Clarifies Scope of Contractors’ Potential Liability for Design Defects

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04/21/2016Vandeventer Black

Authored by John R. Lockard The Supreme Court of Virginia recently addressed construction contractors’ potential liability for damages caused by design defects. In William H. Gordon Associates, Inc. v. Heritage Fellowship Church, a church hired an engineering firm to design a rain tank system to provide storm water management for a new sanctuary. The system… Read more »

Highway Projects Affected by Cargo Preference Act Changes

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04/11/2016Vandeventer Black

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »

Recent Developments in Virginia Regulations “Direct Control and Personal Supervision” of Employees’ Work

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03/09/2016Sieg, J. Brandon

Authored by J. Brandon Sieg Unlicensed A/E employees may contribute to the design of a project so long as they are under the “direct control and personal supervision” of a licensed architect or engineer. This issue is most notably addressed in the requirement that each place of business have a “resident, responsible person” and that drawings… Read more »

Federally-Funded Highway Projects Impacted by Federal Cargo Preference Act Changes Effective as of February 15, 2016

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02/22/2016Vandeventer Black

Authored by Blake R. Christopher By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S…. Read more »

Legal Alert: Temporary Staffing Agencies May Require Contractor Licensure, Depending upon Project Location, Answer in Virginia Remains Unclear

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02/12/2016Ostroff, Gretchen M.

This alert summarizes a complex issue that is the subject of a more detailed overview prepared by Gretchen Ostroff, a member of the Vandeventer Black Construction and Government Contracts Practice Group. THE ISSUE:            Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states… Read more »

No Good Deed Goes Unpunished: The Risk of “Helping Out” an Owner

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01/20/2016Walker, James W.

This article was authored by attorneys James W. Walker and J. Brandon Sieg for publication in the January 2016 issues of Communiqué. Communiqué is a monthly practice management newsletter published by the Design Professional Unit of XL Catlin. Click here to read “No Good Deed Goes Unpunished: The Risk of ‘Helping Out’ an Owner“.