Month: May 2011

Memorial Day: Enjoy but also remember

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05/27/2011Lowenstein, Neil S.

As Memorial Day approaches, I encourage all to enjoy the holiday weekend, but while doing so to try and remember those that gave life and limb so that we can enjoy ourselves. Thank you to all who have served and continue to serve.

Setoff by Payment Bond Surety Rejected by EDVA

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05/25/2011Lowenstein, Neil S.

Many subcontracts contain setoff provisions, even respecting other projects. Those allow a contractor to setoff obligations it is owed on other projects by the same subcontractor on unrelated projects. The Eastern District of Virginia, Alexandria Division, in U.S. ex rel. Acoustical Concepts, Inc. v. Travelers Cas. & Sur. Co. of Amer., 635 F.Supp.2d 434 (2009),… Read more »

Fridge benefit challenges

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05/24/2011Lowenstein, Neil S.

I attended an interesting lunch meeting today put on by the Tidewater AGC involving strategies for dealing with Davis-Bacon act fringe benefits. The presenter was Lind Sawyer with Capital Strategies. She put forth several really interesting strategies to move away from cash fringes, as opposed to employer directed programs. It was interesting to hear what… Read more »

Pay When Paid Clauses: A different twist on use in defense

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05/23/2011Lowenstein, Neil S.

Judge Trenga of the Eastern District of Virginia recently decided a new twist on the pay when paid defense in Virginia in U.S. ex rel. Aarow Equipment & Services v. Travelers Cas. & Sur. Co. of Amer., Civil Action No. 1:09-cv-00861 (March 16, 2010). The subcontractor in that case was making a Miller Act claim,… Read more »

SBJA 2010 Changes: False Claims Act implications

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05/16/2011Lowenstein, Neil S.

The Small Business Act has always had an enforcement trigger for violations, but with the 2010 act changes the hammer has gotten bigger. Section 1341 of the Small Business Jobs Act of 2010 (SBJA), referred to as the “Presumed Loss Rule,” has new incentives to both federal and whistleblower enforcement. Essentially, the act’s language now… Read more »

Bid Withdrawal Changes Coming This July

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05/10/2011Lowenstein, Neil S.

This year’s General Assembly session resulted in changes to the bid withdrawal provisions of Code Section 2.2-4330 of the Virginia Public Procurement Act. The major change lies in the procedures. There are still two procedures. The first stays the same; allowing the bidder to give notice in writing of a bid mistake claim within 2… Read more »