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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 »

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 »

Risks of Indemnification Clauses

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

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 »