04/23/2012
Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various portions of their work. And, so on depending upon the nature of the particular project. Often the work being performed is dangerous, and this can… Read more »
04/22/2012
In Environmental Staffing Corp. v. B & R Construction Mgmt., 283 Va. ___ 111067, ___ S.E.2d ___ (2012), just recently decided by the Virginia Supreme Court on April 20, 2012, the court held that a subcontractor was not a third party beneficiary to its contractor’s prime contract with the owner. The court noted that the… Read more »
04/19/2012
On March 20, 2012, the U.S. Supreme Court announced its decision in Roberts v. Sea-Land Services. This case involves the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides compensation in cases of disability but caps benefits at twice the national average weekly wage for the fiscal year in which the injured worker is “newly awarded… Read more »
04/18/2012
On April 6, 2012, Governor McDonald signed HB 153, which excludes a person who suffers an injury on or after July 1, 2012 from coverage under the Virginia Workers’ Compensation Act if there is jurisdiction under either the Longshore and Harbor Workers’ Compensation Act or the Merchant Marine Act of 1920. The full text of… Read more »
04/02/2012
The Civilian Board of Contract Appeals recently ruled that it had jurisdiction over a Department of Agriculture contractor’s challenge to a liquidated damages assessment even though the contractor failed to submit a certified claim (National Fruit Product Co. Inc. v. Department of Agriculture, CBCA, No. 2445, 3/26/12). The Government had argued that the Board lacked… Read more »
