Month: April 2013

Construction Site Falls, Injuries & Fines

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04/26/2013Nicholos, George M.

Authored by attorney George M. Nicholos Falls are the leading cause of death in construction according to the latest OSHA reports. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe workplace and… Read more »

Public-Private Partnerships: Conflicting Interests Between Design-Builder and Designer

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04/17/2013Sterling, Michael L.

Authored by attorney Michael L. Sterling Federal, state, and local governments are turning to the private sector to meet construction and infrastructure demands. Currently, one of the most widely used options is the Public-Private Partnership (“PPP”). On the design side, a PPP project will involve at least three parties – the Concessionaire, Design-Builder and Designer… Read more »

Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

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04/08/2013Caramore, Megan

Authored by attorney Megan B. Caramore The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct contractual… Read more »

No Private Cause of Action for Excessive Retainage Withholding, But Subcontractor Does Have Related Contract Claim

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04/03/2013Lowenstein, Neil S.

In South End Construction, Inc. v. Tom Brunton Masonry, Inc., No. 7:12cv390, Feb. 25, 2013, Judge Turk of the WDVA, Roanoke, held that a subcontractor could not assert a private cause of action for a prime contractor’s violation of the Virginia Public Procurement Act’s 5% retainage withholding limit. There is no express private right of… Read more »