Protecting Your Business’s Reputation on the Internet

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01/29/2016Eaton, Jennifer L.

Authored by Jennifer L. Eaton The internet is a helpful resource to promote your business, but it can also be a way for unsatisfied customers, disgruntled former employees, fake reviewers, and competitors to tarnish your business reputation. In order to reduce the impact of these online attacks there are certain steps you can take to be… Read more »

Agency Agreements

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01/28/2016Palais, Douglas M.

Authored by Douglas M. Palais Agreements between insurers and their appointed agents set forth the actual authority, as opposed to the apparent authority, of the agents. While commission schedules often change with some regularity, there are other portions of these agreements that agents should monitor on a regular basis. This article will very briefly point out… Read more »

FHWA BA Exemption 2012 Memo Vacated

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01/27/2016Vandeventer Black

LEGAL ALERT: COURT VACATES FHWA 90-PERCENT THRESHOLD AND MISCELLANEOUS PRODUCTS EXEMPTIONS ASPECTS OF FHWA SECRETARY’s 2012 “BUY AMERICA” EXCEPTIONS MEMORANDUM  By recent order, the United States District Court for the District of Columbia vacated the Federal Highway Administration (FHWA) 2012 Memorandum regarding exceptions to the “Buy America” preferences for use of domestic steel and iron on federally… Read more »

No Good Deed Goes Unpunished: The Risk of “Helping Out” an Owner

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01/20/2016Walker, James W.

This article was authored by attorneys James W. Walker and J. Brandon Sieg for publication in the January 2016 issues of Communiqué. Communiqué is a monthly practice management newsletter published by the Design Professional Unit of XL Catlin. Click here to read “No Good Deed Goes Unpunished: The Risk of ‘Helping Out’ an Owner“.

A New Twist to Construction Fraud

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01/19/2016Vandeventer Black

Authored by attorney Trey Kelleter Virginia Code §18.2-200.1 makes it a crime to commit construction fraud, that is, to take an advance of funds in return for a promise to perform a job with no real intention of performing and indeed, failing to substantially perform. It is a felony if the job was for more… Read more »

EDI Compliance Penalty Information

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01/18/2016Caramore, Megan

Authored by Megan B. Caramore EDI transactions are required reports under Virginia Code Section 65.2-902.  The Commission’s EDI Compliance Initiative (now in its seventh year) is preparing to issue penalties for failure to file such reports.  Requests that will result in a penalty include, but are not limited to: Failure to file initial FROI. Failure to… Read more »

Will Virginia Adopt a Medical Fee Schedule?

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01/18/2016Caramore, Megan

Authored by Megan B. Caramore The Commission and Legislature appear to be exploring the possibility of a medical fee schedule for the Commonwealth’s workers’ compensation system.  Virginia currently has no fee schedule and relies on the usual and customary rates of providers in various geographical areas.  Under Virginia law, it is difficult to prove that a… Read more »

New Case Law on Wage Loss Benefits After Retirement

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01/18/2016Caramore, Megan

Authored by Megan B. Caramore What happens when an employee announces his retirement but is injured shortly before his effective retirement date? Is he still entitled to wage loss benefits?  The Supreme Court of Virginia recently ruled on this issue and determined that the Claimant is still entitled to temporary total wage loss benefits, but not… Read more »

VDOT RBS 2016 Revisions Summary

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01/12/2016Genzler, Patrick A.

Prepared by Pat Genzler and John Lockard. Click here to download the summary of the VDOT 2016 Road & Bridge Specification Changes – Sec. 100 2016 Revisions. This summary outlines some significant changes in proposed Sections 101 to 109 of the now Final DRAFT by VDOT of the VDOT Road and Bridge Specifications (RBS). 

Provision Agreeing to not Challenge Arbitration Award Voided by Georgia Court

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01/06/2016Lowenstein, Neil S.

Authored by Neil S. Lowenstein An increasingly popular arbitration clause provision is language purporting to waive later challenge to the arbitration award. In a recent decision in Atlanta Flooring Design Centers, Inc. v. R.G. Williams Constr., Inc., 733 S.E.2d 868 (April 2015), the Georgia Court of Appeals held such waiver void and unenforceable. While that court… Read more »