Month: June 2017

Recent Changes to Virginia’s SWaM Regulations

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06/22/2017Vandeventer Black

(“SWaM”) program, operated by the Department of Small Business and Supplier Diversity (“SBSD”), went into effect. The following changes to the SWaM regulations expand the rights of individuals seeking to qualify for and maintain SWaM status. Those changes include: 1.       Subsidiary Ownership of SWaM Entities: SWaM eligibility requires that qualifying individuals directly own and control at least… Read more »

Two Significant Policy Changes by the Trump Administration’s Department of Labor


06/20/2017Bibeau, Anne G.

As we all expected, President Trump has made his mark on numerous federal policies. On June 7, 2017, the U.S. Department of Labor (“DOL”), now under the leadership of Secretary Alexander Acosta, announced that it had withdrawn two of the past administration’s interpretive bulletins, 2015-1 and 2016-1. Both bulletins had been issued by President Obama’s… Read more »

Claims for Additional Costs and Delays Under the New AIA A201 General Conditions of the Contract for Construction


06/19/2017Vandeventer Black

The American Institute of Architects (AIA) publishes one of the most widely-used sets of form contracts for use on construction projects.  AIA, which historically has revised the forms every ten years, currently is publishing a new set.  The focus of this article is the new version of A201 “General Conditions of the Contract for Construction.” … Read more »

Valuing Rights Taken

asphalt road in Tuscany Italy

06/19/2017Vandeventer Black

The applicable measure of damages in a condemnation proceeding for the court and jury is the DIFFERENCE between the fair market value of the ENTIRE TRACT immediately prior to the taking and the fair market value of the REMAINDER immediately after the taking.  The only situation in which the fair market value of the property… Read more »

Valuation of Temporary Easements


06/07/2017Vandeventer Black

Typically, the principles and techniques applied in appraising the land taken in an easement acquisition are the same as those applied in other condemnation appraisals.  J.D. Eaton, MAI, SRA, Real Estate Valuation in Litigation (1995).  Under the before and after rule, the appraiser simply values the property before and after the easement acquisition.  The measure… Read more »

Good Collection Practices Protect Lifeblood of Community Associations


06/06/2017Casey, Deborah M.

Assessments are the lifeblood of every community association.  For most associations, it is the sole source of income to pay for common expenses.  Therefore, having tools and good practices to maximize collection of assessments is vital not just to survive and thrive, but to avoid unwanted special assessments and/or debt. It is the obligation of… Read more »

Bankruptcy Basics for Community Association Boards of Directors

american dollar bills

06/05/2017Vandeventer Black

Over the last decade, community associations (like other businesses) have been forced to navigate the “Great Recession” and continued recovery.  The “Great Recession” brought with it a significant increase in the number of personal bankruptcy filings across the country.  Even now, personal bankruptcy filings continue to impact communities and their ability to collect assessments. It… Read more »

EEOC Releases Guidance for Employees with Mental Health Conditions


06/02/2017Pierce, Michael D.

In March 2017, the Equal Employment Opportunity Commission (“EEOC”) issued a Guidance concerning the legal rights of workers diagnosed with mental health conditions.  The Guidance came in the form of a question and answer sheet aimed at informing employers and workers of their rights under the Americans with Disabilities Act (“ADA”).  The Guidance provides significant… Read more »