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 »

The Princess and the Pea: Liability for Prescription Mattresses?

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04/10/2013Caramore, Megan

When is a mattress a covered medical expense under the Virginia Worker’s Compensation Act? The answer may change depending on the facts of the case. The general rule is that orthopedic type mattresses do not meet the definition of necessary medical attention under Virginia Code § 65.2-603. The Commission has consistently held that mattresses do… 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 »