Adjacent Land Owners Can Proceed with Trespass Claim Against Developer

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09/27/2012Lowenstein, Neil S.

Recently, on September 14, 2012 in the decision of Kurpiel v. Hicks, Record No. 112192, the Virginia Supreme Court reversed a Circuit Court’s demurrer, and allowed two landowners’ case of trespass to proceed against a neighboring developer. The development activities were alleged to have caused storm water overflow onto the claimant landowners’ properly, and they… Read more »

7th Circuit Bars Payment Bond Claim Based on Paid if Paid Subcontract

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09/23/2012Lowenstein, Neil S.

Earlier this summer in BMD Contractors, Inc. v. Fidelity and Deposit Company of Maryland (679 F.3d 643) the 7th Circuit looked at the question of whether a subcontract’s pay if paid clause bars its payment bond claim, concluding that it does. The case applies Indiana law, but that state’s law does not appear significantly different… Read more »

Vandeventer Black Labor Law Review and Update Seminar set for October 17, 2012

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09/21/2012Lowenstein, Neil S.

Vandeventer Black’s employment law team is putting on an employment law review and update seminar in Norfolk, VA on October 17, 2012 to review the latest issues regarding employment law for attendees. This is always an informative seminar put on in an educational but fun way. Labor & Employment Law Review and Update Wednesday, October… Read more »

Sale of Condomimiums a Consumer Purchase Under the Virginia Consumer Protection Act

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09/14/2012Lowenstein, Neil S.

The Virginia Consumer Protection Act notes it purposing as the promotion of “fair and ethical standards of dealings between suppliers and the consuming public.” Among the constricts in that Act, it is unlawful for a supplier in a consumer transaction to misrepresent that goods or services are of a particular standard, quality, style or model…. Read more »

Subrogation Waivers: a quick primer

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09/11/2012Lowenstein, Neil S.

Below is an article about insurance subrogation for construction contracts prepared by one of VB’s construction attorney partners, John Lockard: WHAT IS A “WAIVER OF SUBROGATION?” The parties involved in a construction contract can purchase insurance as a way to allocate the risks involved in the project. Typically, the specific responsibilities to provide insurance are… Read more »

A security guard may be covered under the Longshore Act if his work is integral to shipbuilding.

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09/11/2012Caramore, Megan

The 1984 Amendments to the Longshore and Harbor Workers’ Compensation Act made it clear that employees who exclusively perform “office clerical, secretarial, security, or data processing work” are not covered by the Act so long as they are covered by the applicable state workers’ compensation act.  33 U.S.C. §902(3)(A). In a recent case, Gelinas v…. Read more »

Doing Business in the United States: What Everyone Needs to Know

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09/10/2012Lowenstein, Neil S.

Doing business in the United States has the potential for great rewards, but also can be daunting with the many U.S. and state laws and regulations. Vandeventer Black’s International Group has prepared an easy to read informational booklet about commercial participation factors for companies interested in the U.S. market. Click Here to view the booklet…. Read more »

Offsite “Subcontractor” Found a Claimant Under Virginia Little Miller Act Bond

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09/10/2012Lowenstein, Neil S.

In a recent decision, Judge Harris of Hanover County Circuit Court allowed a Little Miller Act claim to proceed by an offsite disposal yard as a payment bond claimant. The case is Yard Works, LLC v. GroundDown Constructors, LLC, and Safeco Insurance Company of America, Hanover Circuit Court Case No. CL11001781-00. The plaintiff-claimant, Yard Works,… Read more »