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Articles

New Virginia Law Regarding Personnel Records

06/17/2019 by Anne G. Bibeau

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

06/04/2019 by George Nicholos

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

05/20/2019 by J. Brandon Sieg

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 »

A Virginia Employer’s Guide to Marijuana

04/25/2019 by Anne G. Bibeau

The law on marijuana is changing so rapidly that I anticipate this article will be outdated before I finish it.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

04/10/2019 by James W. Walker & J. Brandon Sieg

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 »

What are the key factors in client selection?

04/01/2019 by James W. Walker

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 »