Month: July 2012

Joint Check / Joint Payment Agreements

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07/25/2012Lowenstein, Neil S.

Increasingly, suppliers are requesting joint check or joint payment agreements from subcontractors and prime contractors. From the suppliers’ viewpoint, they make a lot of sense because they give some assurance that payments will go directly to the supplier, even if only by a joint check. The problem, however, for higher tier subcontractors or prime contractors… Read more »

AMEC Civil: The case that keeps on giving

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07/17/2012Lowenstein, Neil S.

AMEC Civil, LLC’s contract with VDOT regarding a Route 58 project has been in ongoing litigation for many years. AMEC recovered a significant damages award from the Circuit Court, only to have much of it reversed on appeal. Since the original judgment, the case has been going back and forth between the Virginia Court of… Read more »

A Corporate Entity: A Means to Limiting Liability, But Not Just a Shield

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07/13/2012Golden, Sean M.

Jul 2012 , Vol. VI, No.1 Authored by attorney Sean Golden It is an all-too-commonly held belief that, by merely registering an organization as a corporation or limited liability company with the State Corporation Commission, or by signing a corporation’s name to a contract, those individuals can totally shield themselves from liabilities associated with that… Read more »

Am I Responsible for That?

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07/13/2012Lowenstein, Neil S.

Authored by attorney Neil Lowenstein 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… Read more »

Keeping Third Parties At Arm’s Length

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07/13/2012Nicholas, Edward E.

Jul 2012 , Vol. VI, No.1 Authored by attorney Ned Nicholas If we contract with someone we expect that if we don’t hold up our end of the bargain, then we may get sued for breach of contract.  That is one of the known risks of doing business.  But we don’t expect to get sued… Read more »

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

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07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs… Read more »

New Rule on Distracted Service Vehicle Driving Makes Unsafe Habits Expensive

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07/13/2012Eaton, Jennifer L.

Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton At the beginning of this year, the federal Department of Transportation (DOT) prohibited service vehicle drivers from using hand-held devices while driving. The DOT defines a service vehicle as any commercial motor vehicle. Examples of service vehicles include buses, freight carriers, and carriers of hazardous… Read more »

“Best Value” Procurement? – Not for Virginia Public Sealed Bidding

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07/03/2012Lowenstein, Neil S.

With increasing regularity, various procuring agencies had been swimming in the “best value” pool for their procurements. Following the well established federal procurement practice, their solicitations included language along the lines that the procuring agency reserved the right to select “the most advantageous offer” considering such factors as experience, schedule and/or price. Such was the… Read more »

Virginia Bid Protests: A quick overview

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07/02/2012Lowenstein, Neil S.

So you lost an award relating to a Virginia public procurement, and want to protest. What are the basic requirements? They are actually fairly simple, but do require prompt action. A protest must be filed with the awarding authority within ten (10) days of the award or the decision to award, whichever is earlier. There… Read more »