Month: July 2015

New Laws Affecting Construction: Part II

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07/31/2015Harvey, James R.

Authored by James Harvey Last time we reviewed recent new laws impacting the validity of mechanic’s lien and bond waivers for subcontractors and suppliers before work is performed. This week, we take a look at the new law intended to correct a court decision that would have prohibited any contractor on a public procurement from even… Read more »

New Laws Affecting Construction: Part I

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07/27/2015Harvey, James R.

Authored by attorney James Harvey The General Assembly was unusually busy this year in passing legislation that impacts construction and government contracts in Virginia.  This is part 1 of 3 on these new laws every contractor should know: Mechanic’s Liens and Bond Waivers Senate Bill 891 changes Virginia law and now prohibits any attempt to… Read more »

Department of Justice Releases Cyber Security Best Practices

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07/16/2015Vandeventer Black

Authored by summer associate Paul Hawkins Cyber security is a hot topic in today’s news cycle. Whether it was the much-publicized Sony hack, or the very recent compromise of enormous amounts of highly sensitive U.S. government information, these types of incidents have been shown to be extremely costly to organizations. Today, private companies, large and… Read more »

The Risks of Using Criminal Statutes to Collect Construction Debts

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07/14/2015Vandeventer Black

The failure to make payment on a construction contract may not only result in a claim for money damages in a civil lawsuit, but it may also result in a violation of a criminal statute.  For example, Code of Virginia Section 43-13 makes it a felony to use funds received for a particular construction project… Read more »

False Claims Act: The Fourth Circuit’s Triple Canopy Decision

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07/06/2015Caramore, Megan

Authored by attorney Megan Caramore The False Claims Act, 31 U.S.C. §§3729-3733, also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies (often federal contractors) who defraud the government.  The Act prohibits contractors from presenting the government with a false or fraudulent claim for payment. The Fourth Circuit… Read more »

Call Miss Utility: Call Who & Why?

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07/06/2015Nicholos, George M.

Authored by attorney George Nicholos Prior to excavating on any construction site or most anywhere – Call Miss Utility first!  We have heard the line and seen the words countless times, but what or who exactly is Miss Utility?  And what is the big deal about giving her a call? Miss Utility of Virginia is… Read more »

Resurgence of Defense Base Act (DBA)

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07/06/2015Vandeventer Black

Authored by attorney Lisa L. Thatch The Defense Base Act is a federal law that extends the Longshore and Harbor Workers’ Compensation Act (LHWCA) to apply to certain categories of employees working overseas. There are three general divisions of covered employees: (1) those working on military bases acquired from a foreign government after 1940, (2) employees of contractors… Read more »