Month: November 2013

ASBCA Holds That Lack of Contracting Officer’s Decision Does Not Preclude Appeal Challenging Performance Evaluation

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11/22/2013Lowenstein, Neil S.

In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for interpretation of contract terms and relief… Read more »

Back to Basics: Recalling Perini


11/06/2013Vandeventer Black

Coverage under the Longshore and Harbor Workers Compensation Act has a somewhat tortured history. In today’s application, we throw around words like “situs” and “status,” but when a tough case comes along, it can help to recall the origins of the buzz words by tracing the history of Longshore coverage to see where your scenario fits in –… Read more »

Potential Criminal Liability for Damage to Undergroud Utilities in Virginia

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11/03/2013Lowenstein, Neil S.

POTENTIAL CRIMINAL LIABILITY FOR DAMAGE TO UNDERGROUND UTILITIES Any contractor performing work that involves disturbing the ground faces the risk of damaging underground utilities. Even with technological advancements, the marking of underground utilities can often seem more like an art than a science. Contractors should be prepared to address the liabilities that can arise from… Read more »

Virginia Administrative Appeals

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11/02/2013Lowenstein, Neil S.

Administrative appeals in Virginia have a high standard for reversal of an agency decision. An earlier blog talked about the potential impacts of recent statutory change but this 2012 case is a good overview source on the courts’ review role: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION, BOARD FOR CONTRACTORS v. KAREN MATHESIUS… Read more »

Virginia Mechanic’s lLien: Complexities Revisited

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11/02/2013Lowenstein, Neil S.

As Virginia construction attorneys know, the mechanic’s lien laws and interpreted issues in Virginia are many and complex. A good reference for many of those is found in the following 2013 Virginia Supreme Court case from procedural to priority and almost every major issue in between: GLASSER & GLASSER, PLC, TRUSTEE FOR FIRST MORTGAGE BONDHOLDER,… Read more »