Insurance Coverage for Subcontractor Non-Compliance with Prevailing Wage Laws

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06/30/2015Lowenstein, Neil S.

One Court says there is at least a Duty to Defend Authored by attorney Neil Lowenstein Subcontractor non-compliance with prevailing wage laws is unfortunately not uncommon. But might that be covered by the General Contractor’s insurance? For one design-build project that included coverage for professional liability a federal court in Washington has said there’s at… Read more »

Humphreys V. Lessard

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06/24/2015Golden, Sean M.

Authored by attorney Sean Golden A Federal Court in Alexandria, Virginia recently continued the trend among courts in Virginia of limiting copyright protection in architectural works in the decision of Humphreys & Partners Architects, L.P. v. Lessard Design, Inc., et al.1  Humphreys, an architect, had designed a condominium building called Grant Park that was constructed… Read more »

Asking about union affiliation deemed unlawful interrogation by NLRB

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06/22/2015Lowenstein, Neil S.

The word interrogation may give one the visual image of something akin to a police interrogation; but in a recent NLRB decision, the NLRB held that when a non-union shop subcontractor asked individual union member workers about their union affiliation in discussions about hiring those workers, the subcontractor violated the National Labor Relations Act. That… Read more »

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

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06/16/2015Rixey, James B.

Authored by attorney Jay Rixey On April 15, 2015, the General Assembly enacted legislation amending Virginia Code § 43-3, providing that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights, right to assert bond payment claims, or the right to assert claims for additional costs in advance of furnishing… Read more »

Changes to North Carolina’s Underground Utility Safety & Damage Protection Act

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06/16/2015Ostroff, Gretchen M.

Authored by attorney Gretchen Ostroff During its last legislative session, the North Carolina legislature passed House Bill 476, which changed the law regarding pre-excavation underground utility identification and safe digging practices in North Carolina.  Under prior law, many important issues related to underground utility identification were not addressed.  The changes, which are codified at North… Read more »

Sunset in Repose

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06/11/2015Walker, James W.

Authored by attorney James W. Walker1 Who doesn’t enjoy a beautiful sunset, right? Signals the end of another day gone forever. But what if the sun never sets? Statutory Sunsets. Statutes of limitation and repose are legal “sunsets” marking the time after which construction and design professionals can no longer be sued for deficiencies in… Read more »

Insurance Coverage For Subcontractor Non-complaince With Prevailing Wage Laws? – One Court Says There’s At Least a Duty to Defend

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06/05/2015Lowenstein, Neil S.

Subcontractor non-compliance with prevailing wage laws is unfortunately not uncommon. But might that be covered by the General Contractor’s insurance? For one design-build project that included coverage for professional liability a federal court in Washington has said there’s at least a duty to defend on the part of the insurer under that particular policy. The… Read more »

Primer on Virginia’s Data Breach Law: Part Three

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06/01/2015Sieg, J. Brandon

Authored by attorney J. Brandon Sieg Previous articles in this series have introduced considerations for Virginia businesses that experience a “breach of the security of the system.”  They have discussed Virginia-specific disclosure obligations, including who to notify and what information to provide.  But many Virginia businesses experiencing a security breach will also have affected customers… Read more »