Year: 2011

Good contract documents: they make all the difference

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03/03/2011Lowenstein, Neil S.

I’ve just finished reviewing a construction contract as precursor to helping with resolving major disputes between the parties. The parties used a “standard” industry form, but not in its current version. It incorporates, in part, a proposal that has arguably contrary terms. Which governs? Eventually the parties will resolve this between themselves or the issues… Read more »

E-verify Updated

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03/02/2011Lowenstein, Neil S.

In an earlier post I discussed potential legislation adopted the federal e-verify requirements for public projects. This is now closer to happening. Both the state senate and house passed identical e-verify bills that are now going to the governor for consideration. Summarized, if you do business with the state and have over 50 employees and… Read more »

Notice: Actual probably isn’t enough

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03/02/2011Lowenstein, Neil S.

Most construction projects have notice requirements requiring notice to be given to the other side, in writing, at specific times, to specific persons, and including specific information. The reality, though, is that construction projects move quickly and lend themselves to focusing upon construction and not administration. Unfortunately, though, this can lead to problems down the… Read more »

Supervision: Grounds for claim of negligence?

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02/08/2011Lowenstein, Neil S.

Construction is fraught with possible lawsuits. Even besides the possibilities of defective work or materials, accidents can occur. But what if an accident arises because of the failure to supervise someone at the jobsite? For example, a superintendent’s failure to supervise a worker or train them properly? The law is not definitive on this, but… Read more »

Possible bond threshold increase legislation: another consideration

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01/19/2011Lowenstein, Neil S.

I was at a trade association meeting today and the possible bond threshold increase legislation discussed in my earlier blog came up. Another aspect to increasing the threshold we discussed was that in addition to the payment bond implications I discussed in the earlier blog that there is also a performance bond aspect. That is… Read more »

E-verify: coming to Virginia?

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01/18/2011Lowenstein, Neil S.

HB 1727 has been filed mandate the Federal “E-Verify” program to Virginia public procurements, and broadly expands the program to anyone seeking a publicly issued permit or license and having over 15 employees. Click Here to view the proposed legislation. This should be of interest to everyone involved or intending to become involved in public contracting… Read more »

Possible increasing public bond thresholds coming to Virginia

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01/17/2011Lowenstein, Neil S.

Two new bills have been filed in the current session of the Virginia General Assembly dealing with public project bonds; House Bill 1951 and Senate Bill 1126. HB 1951 proposes to raise the threshold for non-transportation related project bonds from $100,000 to $1 Million. SB 1126 proposes to raise the threshold on transportation-related projects from… Read more »

WOSB Regulations on the February Horizon

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01/10/2011Lowenstein, Neil S.

In October of 2010 the SBA issued amended regulations that may finally put into place the Women-Owned Small Business (WOSB) program established under Section 8(m) of the Small Business Reauthorization Act of 2000. Absent change, the Final Rule for this program will be effective February 4, 2011, and the SBA is in the process of… Read more »