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Articles

For Subcontractors-Incorporation By Reference: A Contract Clause Worth Negotiating

Authored by attorney Casaundra M. Maimone Subcontractors should review proposed terms and negotiate final terms that are best suited to their role on the project.  One concern is the impact of clauses incorporated by reference that might involve scope of work, quality, payment and disputes. In government contacts many clause must be “flowed down” to… Read more »

Email is Not Private

Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when… Read more »

ASBCA Holds that of Contracting Officer’s Decision does Preclude Appeal Challenging Performance Evaluations

Authored by attorney Neil S. Lowenstein In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for… Read more »

Summary of New Rules Regarding Section 503 of the Rehabilitation Act of 1973

Authored by Attorney J. Brandon Sieg On September 24, 2013, the Department of Labor published revisions to its non-discrimination and affirmative action regulations associated with Section 503 of the Rehabilitation Act of 1973.  Although the regulations will become effective on March 24, 2014, additional time is permitted for current contractors to bring their affirmative action… Read more »

Confusion Surrounds a New Virginia Law on Emploees’ Personal Identifying Information

Authored by attorney Anne G. Bibeau A new law, Va. Code § 40.1-28.7:4, which went into effect on July 1, 2013, has caused confusion for Virginia employers.  The law provides that an “employer shall not … be required to release, communicate, or distribute to a third party any current or former employee’s personal identifying information,”… Read more »

What Makes an Expert Witness an Expert? Who Makes a Good Expert Witness?

Authored by attorney Edward E. (Ned) Nicholas, III Under both Federal and Virginia state court rules, expertise may be gained by “knowledge, skill, experience, training, or education….” So theoretically a person with book knowledge but no practical experience may qualify as an expert. Likewise, a person with field experience but no relevant formal education may… Read more »