Year: 2017

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 »

The Economic Loss Rule is Alive and Well for Insurance Licensees


05/30/2017Palais, Douglas M.

When professionals of all types are sued by their clients for errors and omissions (E & O), the plaintiffs frequently assert both tort and contract claims against the defendants. This is particularly true when insurance policyholders or putative policyholders sue their insurance agents. Torts that are usually asserted include claims of actual fraud, constructive fraud,… Read more »

Changes to Virginia Law on Tenant Rights After Foreclosure


05/27/2017Vandeventer Black

The Code of Virginia addresses the rights of tenants after foreclosure of residential properties.  The current law incorporates the federal Protecting Tenants at Foreclosure Act (PTFA). Under current law, and subject to certain requirements, a tenant can remain in the property for the remaining lease term if the tenant complies with the requirements of the… Read more »

Federal Contract Blacklisting Rule Repealed


05/25/2017Sterling, Michael L.

On March 27, 2017, President Trump repealed the “Fair Pay and Safe Workplaces” regulations issued by Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).  These “Blacklisting” regulations required contractors to disclose federal employment and labor law violations when bidding, to comply with pay transparency obligations, and to limit… Read more »

Exit Strategies in Real Estate Investments


05/11/2017Crouch, Richard J.

Sooner or later your colleagues will approach you about investing in a development deal or similar venture if they have not already done so.  The investment vehicle for such a project will typically be in the form of a limited liability company (“LLC”).  Before getting involved in an LLC investment in commercial real estate, you… Read more »

Fall Protection: The Right Equipment, Training, and Emphasis Makes a Difference

Construction Worker

04/25/2017Nicholos, George M.

Recent OSHA reporting identifies falling hazards as the leading cause of death on construction projects. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe workplace that complies with OSHA safety and health… Read more »

February Architecture Billings Index (ABI) Inches Upward

business law

04/17/2017Vandeventer Black

The Architecture Billings Index showed a slight increase in billings at U.S. architecture firms in February 2017, reversing a slight decrease in January 2017. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from member firms located throughout the country regarding “work-on-the-boards,” and is compiled by the American Institute of… Read more »

ConsensusDocs Updates 200 Series


04/11/2017Lowenstein, Neil S.

ConsensusDocs continues to look to expand its use in the construction marketplace with its introduction of new 200 Series forms; the 235 Owner & Constructor Short Form Agreement (Cost of Work) and the 245 Owner & Design Professional Short Form Agreement. They update the prior 2014 versions; and are available at the ConsensusDocs website:…. Read more »

Federal rulemakers consider a rulemaking petition on demurrage and detention charges


04/06/2017Paul, Dustin M.

Federal rulemakers consider a rulemaking petition on demurrage and detention charges The Federal Maritime Commission has undertaken a process to consider how international shipping companies and marine terminals assess demurrage, detention, and delay damage that may lead to significant changes in the shipping marketplace.  A significant number of shipping and maritime interests have provided public… Read more »