Year: 2019

Supporting Your Position: Progress and Issue Documentation is Time Well Spent

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08/14/2019Lowenstein, Neil S.

Throughout the progression of construction, various things occur that may impact the time or cost of the work. Often, you are aware of those things when they occur; but other times not until later. If you have, and – just as importantly – your field team follows, a consistent policy for documenting progress, you put… Read more »

SBA Raises Size Limit For Firms To Qualify As Small Businesses

small business administration

07/25/2019Vandeventer Black

The U.S. Small Business Administration (SBA) is raising the size limit for engineering, construction, and other companies to be classified as “small.” The interim final will increase thresholds by about 8% from the current levels. The new standards will take effect on August 19, 2019. For construction firms in the various buildings construction and heavy… Read more »

Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details”

07/20/2019Nicholos, George M.

Whether this well-known proverb is attributed to French Novelist Gustave Flaubert or Modernist Architect Mies van der Rohe, the meaning is likely the same; costly mistakes usually originate in the details of a project. Faced with shrinking design budgets, one of the first corners cut is usually the level of detail in construction documents. Key… Read more »

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

07/19/2019Vandeventer Black

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »

VIRGINIA LAW ALLOWS FOR THE FIXING OF ERRORS IN THE TERMS OF A WILL OR TRUST

07/18/2019Vandeventer Black

Crisis potentially averted, Virginia law now allows a court to reform the terms of a deceased person’s trust or will. Although the issue of mistaken estate planning was first addressed by the Virginia General Assembly in 2005, the legislation only specified the reformation of mistaken trusts. However, similar legislation was enacted this past year that… Read more »

DoD Introduces New Cybersecurity Certification for Defense Contractors

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07/15/2019Vandeventer Black

With the federal government’s first False Claims Act case based on cybersecurity regulations from the Department of Defense (DoD) and NASA making its way through the courts, (United States ex rel. Markus v. Aerojet Rocketdyne Holdings, Inc.) and the continuing issues surrounding the implementation of the 2016 amendments to the Defense Federal Acquisition Regulation Supplement… Read more »

2019 Legislative Changes Affecting Community Associations

06/27/2019Casey, Deborah M.

By:  Deborah M. Casey, CCAL® and Gaela Normile[1] Happy Summer!  It is hard to believe that 2019 is half over.  July 1 means new laws become effective in Virginia. During the 2019 session of the Virginia General Assembly, CAI’s Virginia Legislative Action Committee (VALAC) monitored over 75 bills that directly or indirectly impacted community associations…. Read more »

We’ve Been Sued! We Need to Sue! What to Expect When Your Association Goes to General District Court

Justice concept

06/27/2019Chappell, W. Thomas

Community associations are not immune from being sued or having to file suit.  Community associations frequently are in court for issues such as the collection of unpaid assessments from residents, disputes with contractors, and covenant and rule enforcement. Many of these disputes are handled in the general district court of the relevant locality.  In Virginia,… Read more »

New Virginia Law Regarding Personnel Records

virginia employment law rules

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 »