I’m Liable for What? – Employer Liability for Third Party Harassment

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05/22/2014Lowenstein, Neil S.

The recent U. S. Fourth Circuit Court of Appeals decision in Freeman v. Dal-Tile Corp., et al., decided April 29, 2014 adopts a negligence standard for an employer’s liability for third party harassment under Title VII of the U. S. Code. As a result, the court in that case held that an employer can be… Read more »

Signal/LCA Maritime Conference

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05/21/2014Hemphill, Geoffrey G.

On May 21, 2014 Vandeventer Black attorneys Geoffrey Hemphill and Nash Bilisoly spoke on the The Affordable Care Act & Workers’ Compensation at the Signal/LCA Maritime conference in Austin, Texas. Click to preview their presentation: The Afforadable Care Act & Workers’ Compensation

For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating

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05/07/2014Vandeventer Black

Authored by attorney Casaundra M. Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project.  One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government contacts many clause must be “flowed down” to… Read more »

Contractual Indemnity Provisions: Certain Provisions in Construction Contracts Void

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05/02/2014Lowenstein, Neil S.

As many know, construction contract indemnity provisions are one of the few examples of Virginia not strictly holding parties to their contracts because of the statutory override in Virginia Code Sec. 11-41. Discussing some related issues within our Construction Department reminded me of a very good summary of the issues prepared by my law partner,… Read more »

Disclosure of Investigation Documents Granted for Qui Tam Realtor

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05/01/2014Lowenstein, Neil S.

My law partner Mike Sterling forwarded this summary of a recent qui tam movant’s motion to compel contractors to product documents relating to their codes of business conduct investigations. It’s an important issue for any government contractor. Here’s Mike’s summary: Recently, the District Court for the District of Columbia granted a qui tam relator’s motion… Read more »

Contractor’s Construction Fraud Implied

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05/01/2014Lowenstein, Neil S.

It is not unusual for a contractor to obtain any advance for construction work or materials. While that is done more often with residential construction, it is also done on some commercial projects or with individual subcontractors. What if they don’t then follow through? Virginia makes “construction fraud” a crime, and in the recent appellate… Read more »