Month: August 2011

Chinese Drywall Excluded from Insurance Coverage

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08/29/2011Lowenstein, Neil S.

If you have a possible Chinese Drywall claim against you insurance carrier, and you have a pollution exclusion provision in your policy, you don’t want to litigation in the Norfolk Division of the United States District Court for the Eastern District of Virginia. In a recent decision, Judge Smith ruled in Dragas Management Corp. v…. Read more »

Injured at Work during an Earthquake? But this is Virginia . . .

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08/23/2011Vandeventer Black

Virginia was rocked by a 5.9 magnitude earthquake this afternoon. I was in my office, diligently working to zealously defend my clients, when the windows that overlook the Battleship Wisconsin and Nauticus on the Elizabeth River in Norfolk, VA began to shake; the blinds began to bang against the windows; my desk began to rumble. Yes, we had experienced an earthquake… Read more »

Corporate Protection: Henrico Court pierces the veil of contractor

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08/22/2011Lowenstein, Neil S.

Corporations are often principally set up to shield individuals from liability. Court generally accept the corporate veil absent proof of “sham” corporations. As a result, the assets of individual officers, directors, shareholders or employees of corporations remains personally protected, absent proof of activity outside of the scope of their authority, intentional negligence, or other limited… Read more »

CAS Board is Eliminating Overseas Exemption

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08/16/2011Lowenstein, Neil S.

For those doing overseas work, the Office of Federal Procurement Policy’s Cost Accounting Standards (CAS) Board has finalized a proposed rule that eliminates the CAS exemption for contracts executed and performed outside of the US. The Board says it concluded that eliminating the exemption would not create any hardships and that the Board, among other… Read more »

Mediation vs. Arbitration: What’s the difference anyway?

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08/07/2011Lowenstein, Neil S.

Many construction contracts have mandatory mediation and arbitration provisions. So what’s the difference? The key difference is purpose. Mediation involved a third-party facilitator, who tries facilitate a resolution between the parties. Most mediators use one of two styles; facilitative or evaluative. With facilitative style the mediator does not express opinion on the merits of the… Read more »