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 »
Articles
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 »
Be Careful What You Say About That Company
Authored by attorney Sean M. Golden In Virginia, one who defames another can be sued for money damages. Defamatory words can be either written (libel) or spoken (slander). To be liable for defamation, the words used must not only be false, but must actually be defamatory, meaning that they tend to harm the reputation of… Read more »
Summary of New Rules Regarding Section 503 of the Rehabilitation Act of 1973
12/09/2013
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
09/27/2013
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 »
Can I File a Bid Protest over an IDIQ Task Order?
09/27/2013
Authored by attorney Anthony J. Mazzeo You’ve successfully been awarded a Multiple Award contract with a Federal Agency and have earned a “seat at the table” for the forthcoming Indefinite Delivery Indefinite Quantity Task Order competitions. We know that those Task Order Requests for Proposals require just as much effort on your part as the… Read more »
What Makes an Expert Witness an Expert? Who Makes a Good Expert Witness?
07/11/2013
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 »
Claims Relating to Violations of Moving and Hauling Permits
07/11/2013
Violations of moving and hauling permits can be expensive for construction companies. The local police usually consider the permit to be invalid if any of the requirements of the permit are violated. In those cases, the police impose penalties based on the general weight limitations and not the weight established in the permit. This can… Read more »
Risks of Indemnification Clauses
07/11/2013
Authored by attorney Patrick A. Genzler Virtually all construction contracts and subcontracts contain an “indemnification” provision, which obligates one party to the agreement – the “indemnitor” — to “indemnify” or to pay certain liabilities that the other party – called the “indemnitee” – may incur during the contracted work. Indemnification agreements are one of the… Read more »
Worker’s Compensation in Virginia: Employer Basics
07/03/2013
Authored by attorney Megan B. Caramore Under Virginia’s Workers’ Compensation Act, employers have certain obligations to their employees. Below is a list of the basic information that every employer should keep in mind. An employer who regularly employs three or more full-time or part-time employees is required to purchase and maintain workers’ compensation insurance. Employers… Read more »