Year: 2019

New Virginia Law Regarding Personnel Records

06/17/2019Bibeau Anne G.

The Virginia General Assembly passed a new law regarding employers’ personnel records. Effective July 1, 2019, Virginia employers must provide a current or former employee (or his/her attorney), upon request, documents reflecting: Dates of employment with the employer; Wages or salary history during the employment; Job description and job title during the employment; or Any… Read more »

To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review

06/04/2019Nicholos, George M.

Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts.  Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating these terms are signed, yet these terms are often misunderstood, not… Read more »

Fill In The Blanks: AIA Documents Anticipate Customization For Your Project

05/20/2019Sieg, J. Brandon

Various construction-industry organizations, such as the AIA, DBIA, and EJCDC, offer coordinated families of contract documents.  Because every project is unique, those documents anticipate customization by providing blank spaces in certain terms.  Using the AIA family of documents as an example, the very first page of B101-2017, Standard Form of Agreement Between Owner and Architect,… Read more »

Tools of Mutual Benefit: The Scope and Purpose of Lease Guaranties

05/17/2019Crouch, Richard J.

A guaranty is an agreement under which an individual (or entity) agrees to satisfy the underlying obligations of a primary obligor if such obligor defaults on the underlying obligation. With respect to a lease guaranty, the guarantor is often the principal or owner playing a key role in the tenant entity or a parent/affiliate of… Read more »

A Virginia Employer’s Guide to Marijuana

marijuana law

04/25/2019Bibeau Anne G.

The law on marijuana is changing so rapidly that I anticipate this article will be outdated before I finish it. Check back here regularly for updates! Virginia Law Marijuana remains illegal both federally and in Virginia. Some Virginia jurisdictions are dialing down enforcement of criminal penalties, but they remain on the books. Since marijuana remains… Read more »

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 »