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Articles

Jones Act or Longshore Act?

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 »

Construction Site Falls, Injuries & Fines

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 »

Public-Private Partnerships: Conflicting Interests Between Design-Builder and Designer

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 »

Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

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 »

Rebound in Construction Activity?

Authored by attorney George M. Nicholos The Architecture Billings Index for February of 2013 indicates a continued strong pace in design activity in architectural firms and suggests an oncoming jump in nonresidential construction spending during the second half of this year. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys… Read more »

We Won the Contract, But Then Discovered a Mistake in our Bid. Now What?

Authored by attorney Anthony J. Mazzeo The euphoria you feel upon being notified by a contracting officer that your company has been awarded a federal contract on which you recently bid can quickly turn to dread if you discover that a mistake caused you to underbid the work. Being bound to a contract based on… Read more »

New Restrictions on Mechanic’s Lien in Virginia

Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs… Read more »