Year: 2014

New “Fair Pay and Safe Workplace” Mandates Directed By President Obama

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08/05/2014Lowenstein, Neil S.

CONSTRUCTION AND GOVERNMENT CONTRACT GROUP ALERT Fair Pay and Safe Workplaces Executive Order Signed by President Obama On July 31, 2014 On July 31, 2014, President Obama issued Executive Order 13673, entitled “Fair Pay and Safe Workplaces.” It is applicable to those contracting with the Federal Government and its stated purpose is to insure those… Read more »

President Issues Executive Order Banning Sexual Orientation and Gender Identity Discrimintation

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07/22/2014Lowenstein, Neil S.

On July 21, 2014, President Obama further amended Executive Order 11478 regarding Equal Employment Opportunity in the Federal Government by including the ban of sexual orientation or gender identity discrimination by federal contractors. The President resisted calls to carve out any exceptions for religion-affiliated employers; however, such employers may seek to challenge that. In any… Read more »

SBA Issues Final Rule Regarding Affiliation, Calculation of Annual Receipts, Limitations on Subcontracting, and Joint Ventures

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06/08/2014Vandeventer Black

In its Final Rule issued May 31, 2016, the Small Business Administration issued rules implementing the 2013 National Defense Authorization Act. The Final Rule has a myriad of aspects applicable to awards in various small business programs, and this short summary is not intended to address them all; but rather instead this summarizes some of… Read more »

Primer on Virginia’s Data Breach Law: Part Two

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06/04/2014Vandeventer Black

Recall from Part I of the Primer on Virginia’s Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia’s data breach law.  You must now determine whom to notify, and this will depend on your relationship to the data.  Individuals or entities that… Read more »

Primer on Virginia’s Data Breach Law: Part One

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06/03/2014Vandeventer Black

Imagine that your laptop is stolen.  Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files.  As you contemplate the recovery of your business data, you should also think about whether… Read more »

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 »

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 »