Deconstructing Damages in Architect or Engineer Malpractice Actions

Justice concept

04/10/2019Walker, James W.

No design professional is perfect all the time. At some point, they make mistakes—specify the wrong materials, leave out a required element, overlook a code requirement, bust a calculation, among other things. Sometimes they catch and correct their mistakes before any harm occurs. Sometimes, though, mistakes in construction documents cause our clients to spend “extra”… Read more »

Department of Labor Proposes New Rule on Joint Employment Status

People walking

04/03/2019Pierce, Michael D.

On April 1, 2019, the Department of Labor (DOL) announced a proposed rule revising the standard for joint employer status under the Fair Labor Standards Act (FLSA). Once the proposed rule is published in the Federal Register, the public will have 60 days to submit comments to DOL for review. Interested parties may submit comments… Read more »

What are the key factors in client selection?

Justice law legal concept. statue of justice or lady justice with law books background.

04/01/2019Walker, James W.

Design professionals, like all professions (including lawyers), delight when the phone rings with a prospective new client on the line wanting to hire you for a new project. However, any lawyer who represents design professionals can tell you stories about projects that went south and ended up in litigation almost entirely because red flags at… Read more »

The Department of Labor Proposes New Rule Regarding the Regular Rate of Pay

american dollar bills

03/29/2019Bibeau Anne G.

The U.S. Department of Labor (DOL) will publish a proposed rule on March 29, 2019, to amend the Fair Labor Standards Act (FLSA) regulations regarding the regular rate of pay (RROP). Interested parties may submit comments on the proposal at www.regulations.gov in the rulemaking docket RIN 1235-AA24 by May 28, 2019. The proposed rule is… Read more »

U.S. SUPREME COURT RULES THAT TRANSPORTATION EMPLOYER’S ARBITRATION AGREEMENT WITH INDEPENDENT CONTRACTOR IS NOT SUBJECT TO THE FEDERAL ARBITRATION ACT

court room

03/26/2019Vania Ratliff

Generally, once parties sign a contract with an arbitration provision, disputes arising out of the contract are required to be heard by an objective arbitrator. After Congress passed the Federal Arbitration Act (FAA) in 1925, the long-established federal policy has been to liberally favor arbitration agreements. Prior to the FAA, however, there was no guarantee… Read more »

U.S. Department of Labor Proposes New Salary Threshold

american-bills-business-259130

03/08/2019Bibeau Anne G.

After much anticipation, the U.S. Department of Labor (DOL) has finally proposed new regulations to increase the salary threshold for the Fair Labor Standards Act (FLSA) “white collar” exemptions. The notice of proposed rulemaking would raise the salary threshold to $679 per week ($35,308 per year). Since 2004, the FLSA salary threshold for white collar… Read more »

Bad Company Corrupts Good Licenses

Vandeventer Black

02/26/2019Moss, Ashley G.

Poor business associations can jeopardize contractors’ and design professionals’ licenses Virginia regulations set forth a long list of “dos and don’ts” for contractors and design professionals.   Most of the prohibitions concern the contractor’s or design professional’s own conduct.  For example, contractors may not practice contracting without a license; they may not provide services using expired… Read more »

Trump “Strengthens” Buy-American Act:

Justice law legal concept. statue of justice or lady justice with law books background.

02/25/2019Ostroff, Gretchen M.

On January 31, 2019, the President signed another Executive Order which purportedly “strengthen[s] Buy-American principles” for federally-funded infrastructure projects.  This Executive Order was not President Trump’s first effort at creating a preference for American-made goods.  Just four days into office, he signed a Presidential Memorandum aimed at requiring “materials and equipment produced in the United… Read more »

Mediation: What Is It And Why Do It?

Vandeventer Black

01/22/2019Lowenstein, Neil S.

Mediation is often confused with arbitration. They have similarities, including that both are overseen by third-party neutrals that do not have financial stakes in the outcomes. The key difference is that while arbitration results in the neutral evaluating the outcome (which typically is binding, but by agreement can be non-binding), while in mediation the third-party… Read more »