General Litigation

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 »

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 »

New OSHA Reporting Requirements Effective January 1, 2015

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12/22/2014Caramore, Megan

Authored by attorney Megan Caramore On September 11, 2014, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a final rule with respect to new reporting requirements for fatalities and severe injuries.  Previously, the rule required only that employers report fatalities or hospitalizations of three or more workers.  The new rule, which takes… Read more »

Mechanic’s Liens: Part One. Technical Risks

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10/02/2014Vandeventer Black

Authored by attorney John Lockard Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial interpretations of the statutory provisions have made the requirements much more… Read more »

Mechanic’s Liens: Part Two. Practical Risks

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10/02/2014Vandeventer Black

Authored by attorney John Lockard A mechanic’s lien is a powerful tool to secure payment for construction work.  As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien.  Heads Up Sprinkler lost its mechanic’s lien after five years because it failed to include a statement that it “intended to… Read more »

Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

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04/08/2013Caramore, Megan

Authored by attorney Megan B. Caramore The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct contractual… Read more »

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

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07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs… Read more »