Year: 2012

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 »

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 »

Sup. Ct Hands Down New Opinoins

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06/18/2012Vandeventer Black

Found Here: http://appellate.nccourts.org/opinions/?c=sc&year=2012 There is a workers’ comp case here: http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi81MzlBMTEtMS5wZGY= A Rule 9(j) case here: http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi80NDNBMTEtMS5wZGY=

Attitude Matters

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06/06/2012Vandeventer Black

Do you have a claim, or two, on your desk where the claimant just seems determined not to get better? I do not mean to offend any injured workers, nor am I lumping all injured workers into any pigeon hole or stereotype, but if you are feeling frustrated or overwhelmed by the sheer number of cases… Read more »

COFC Bid Protect Authority: DOD proposal to make force protestor forum choice

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05/22/2012Lowenstein, Neil S.

The DOD is requesting Congress to amend COFC bid protest jurisdiction to adopt the same timelines as are applicable to a GAO bid protest. The result is that protestors would then have to choose forums initially. There are certainly pros and cons to this approach, but it is regardless an important develop those with potential… Read more »

Mechanic’s Lien / Payment Bond Reforms Pending in NC

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05/22/2012Lowenstein, Neil S.

Since many Virginia contractors also perform work in North Carolina, I thought those that do might be interested in pending reforms to NC’s mechanic’s lien and payment bond statute that were filed today in the state’s General Assembly. Some of these changes are very substantial. A link to the NC General Assembly web page with… Read more »

COFC held to have exclusive jurisdiction for trade secret misappropriation claim

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05/18/2012Lowenstein, Neil S.

In a recent, odd decision, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the Court of Federal Claims had exclusive jurisdiction over claims that the Navy had misappropriated trade secrets of a contractor. The decision is United States Marine Inc. v. United States, 5th Cir., No. 11-30177, 5/11/12. While issued as… Read more »