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Articles

Preemptive Wordsmithing: Considering Future Alterations of Commercial Property at the Outset

11/07/2019 by Richard Crouch, Esq.

Borrowers often envision future alterations to enhance the economic value of the commercial real estate asset, when closing the initial loan. Such alterations can be in the form of capital improvements, tenant improvements, renovations, and/or expansions of the facility. At term sheet negotiation, the borrower should consider the long-term and short-term plans for the property,… Read more »

YOUR SWAM CERTIFICATION IS AT RISK

10/30/2019 by Michael L. Sterling, Esq.

The Virginia Department of Small Business and Supplier Diversity (DSBSD) administers the small, women-owned and minority-owned (SWaM) business program. The DSBSD SWaM Certification Division reviews initial and recertification applications. DSBSD certification eligibility determinations are based on existing circumstances at the time of application. The criteria are in the Commonwealth of Virginia Administration Code regulations: 7VAC13-20-40…. Read more »

Cyber Liability Insurance for Small to Medium Size Businesses – Are You Covered?

10/29/2019 by Jonathan V. Gallo, Esq.

Today, it seems hardly a month passes without a report of another business falling victim to a data breach. Over the past few years, some of the largest and well-known companies such as Equifax, Target, Home Depot, TJ Maxx, Anthem, Sony Pictures, and Uber, have been affected by data breaches. These companies have experienced significant… Read more »

Shopping Subcontractors After Using Bid That Resulted In Contract Award

10/28/2019 by Daniel Salmon, Esq.

Can contractors “shop” bids after obtaining and using them to obtain contract awards?  Generally speaking, the answer is yes under Virginia law.  However, the law varies in other jurisdictions.  While this may not seem necessarily fair, jurisdictional views vary. For example, Virginia holds that bids are a means by which the prospective subcontractor (SC) and… Read more »

House Moves to Ban Employment Arbitration Agreements

09/27/2019 by Anne G. Bibeau, Esq.

On September 20, 2019, the U.S. House of Representatives passed a bill to ban mandatory arbitration of employment or consumer claims. The House voted 225 to 186 in favor of the Forced Arbitration Injustice Repeal (FAIR) Act, which would make unenforceable any pre-dispute arbitration agreement that requires arbitration of an employment, consumer, antitrust, or civil… Read more »

DoD publishes final rule limiting the use of LPTA procurements effective October 1, 2019

09/27/2019 by Anthony Mazzeo, Esq.

Contractors have frequently been heard to complain about the government’s persistent use of “Lowest Price Technically Acceptable Procurements,” or “LPTA” as a race to the bottom in both price and quality.  While the Federal Acquisition Regulation (FAR) has provided that price may play a dominant role in source selection where “the requirement is clearly definable… Read more »

Government Adds Australia as a World Trade Organization Country

09/27/2019 by Michael L. Sterling, Esq.

If your contract includes Buy American Act (BAA) or Trade Agreement Act (TAA) requirements you need to know the approved list of source countries. On September 10, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule, FAC 2019-06; FAR… Read more »

HIRING EMPLOYEES UNDER THE AGE OF 18

08/27/2019 by Vania Ratliff, Esq.

A REFRESHER ON FEDERAL AND STATE CHILD LABOR LAWS Recently, an accident in the trenches of a Northern Virginia construction site resulted in the injuring of one employee and the death of another. News reports allege that the deceased employee was only 16 years old. Under both Federal and Virginia child labor laws, the 16-year… Read more »