Month: April 2012

Am I Really Responsible for That?

latest news

04/23/2012Lowenstein, Neil S.

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 »

Subcontractor Not Third Party Beneficiary to Prime Contract

latest news

04/22/2012Lowenstein, Neil S.

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 »

Amount of Benefits to be Determined by the Date of Injury, Not the Date an Award is Issued, per the US Supreme Court

latest news

04/19/2012Vandeventer Black

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 »

Certified Claim Not Necessary to Appeal LD Assessment

latest news

04/02/2012Lowenstein, Neil S.

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 »