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 »
Authored by attorney Michael L. Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514 (Va. 1997) the court held a teaming agreement was unenforceable on the ground that “agreements to agree in the future” are “too vague and too indefinite to be enforced.” However, the case provided a “road map” of… Read more »
Authored by attorney Jane D. Tucker On March 26, 2013 the Trademark Clearinghouse (“TMCH”) was launched by the Internet Corporation for Assigned Names and Numbers (“ICANN”). Owners of registered trademarks can register those trademarks with TMCH. The TMCH trademark registration system is designed to prevent the unauthorized use of registered trademarks in the new generic top-level… Read more »
Authored by Katharina Kristin Brekke Powers and Summer Clerk, Jenny Eaton On May 16, 2013 the Department of Defense (“DoD’) released a proposed rule to modify the Defense Federal Acquisition Regulation Supplement (“DFARS”). This proposed rule relates to the detection and avoidance of counterfeit electronic parts. The purpose of the rule is to hold contractors accountable… Read more »
Authored by attorney Geoffrey G. Hemphill There are many reasons to use a joint venture to bid on a construction project. One potential negative consequence seen recently is the threat of paying the business license tax twice. And as Seinfeld taught us, double dipping is bad and should be avoided. The Virginia Business Professional and… Read more »
Authored by attorney Lisa L. Thatch The Supreme Court recently issued an opinion that may have the effect of permitting more injured workers to fall within the realm of the Longshore and Harbor Workers Compensation Act (the “ Longshore Act”) but excluding them from the Jones Act. In Lozman v. City of Riviera Beach, the Court… Read more »
Authored by attorney George M. Nicholos Falls are the leading cause of death in construction according to the latest OSHA reports. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe workplace and… Read more »
Authored by attorney Michael L. Sterling Federal, state, and local governments are turning to the private sector to meet construction and infrastructure demands. Currently, one of the most widely used options is the Public-Private Partnership (“PPP”). On the design side, a PPP project will involve at least three parties – the Concessionaire, Design-Builder and Designer… Read more »
When is a mattress a covered medical expense under the Virginia Worker’s Compensation Act? The answer may change depending on the facts of the case. The general rule is that orthopedic type mattresses do not meet the definition of necessary medical attention under Virginia Code § 65.2-603. The Commission has consistently held that mattresses do… Read more »
Authored by attorney Megan B. Caramore The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct contractual… Read more »
