07/25/2012
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 »
07/17/2012
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 »
07/13/2012
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 »
07/13/2012
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 »
07/13/2012
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 »
07/03/2012
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 »
07/02/2012
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 »
