What Makes an Expert Witness an Expert? Who Makes a Good Expert Witness?

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07/11/2013Nicholas, Edward E.

Authored by attorney Edward E. (Ned) Nicholas, III Under both Federal and Virginia state court rules, expertise may be gained by “knowledge, skill, experience, training, or education….” So theoretically a person with book knowledge but no practical experience may qualify as an expert. Likewise, a person with field experience but no relevant formal education may… Read more »

Claims Relating to Violations of Moving and Hauling Permits

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07/11/2013Vandeventer Black

Authored by attorney John R. Lockard Violations of moving and hauling permits can be expensive for construction companies.  The local police usually consider the permit to be invalid if any of the requirements of the permit are violated.  In those cases, the police impose penalties based on the general weight limitations and not the weight… Read more »

Risks of Indemnification Clauses

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07/11/2013Genzler, Patrick A.

Authored by attorney Patrick A. Genzler Virtually all construction contracts and subcontracts contain an “indemnification” provision, which obligates one party to the agreement – the “indemnitor” — to “indemnify” or to pay certain liabilities that the other party – called the “indemnitee” – may incur during the contracted work.  Indemnification agreements are one of the… Read more »

ASBCA Declines to Presume Knowledge by Government

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07/07/2013Lowenstein, Neil S.

In a recent decision involving differing site conditions in a ship repair contract, Appeal of Atlantic Drydock, ASBCA No. 54936 (20 June 2013), the Armed Services Board of Contract Appeals declined to presume that the Government had knowledge regarding the square footage requiring work. The contract argued that since the Navy built and maintained the… Read more »

Worker’s Compensation in Virginia: Employer Basics

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07/03/2013Caramore, Megan

Authored by attorney Megan B. Caramore Under Virginia’s Workers’ Compensation Act, employers have certain obligations to their employees.  Below is a list of the basic information that every employer should keep in mind. An employer who regularly employs three or more full-time or part-time employees is required to purchase and maintain workers’ compensation insurance.  Employers… Read more »