Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

Summer Associate Junior Ndlovu*, with the assistance of Attorney Brian L. Sykes 07/19/2019

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »

VIRGINIA LAW ALLOWS FOR THE FIXING OF ERRORS IN THE TERMS OF A WILL OR TRUST

Summer Associate Gaela Normile*, with the assistance of Attorney Anita O. Poston 07/18/2019

Crisis potentially averted, Virginia law now allows a court to reform the terms of a deceased person’s trust or will. Although the issue of mistaken estate planning was first addressed by the Virginia General Assembly in 2005, the legislation only specified the reformation of mistaken trusts. However, similar legislation was enacted this past year that… Read more »

DoD Introduces New Cybersecurity Certification for Defense Contractors

Summer Associate James Levantino*, with the assistance of Attorney Jonathan V. Gallo 07/15/2019
pexels-photo-160107

With the federal government’s first False Claims Act case based on cybersecurity regulations from the Department of Defense (DoD) and NASA making its way through the courts, (United States ex rel. Markus v. Aerojet Rocketdyne Holdings, Inc.) and the continuing issues surrounding the implementation of the 2016 amendments to the Defense Federal Acquisition Regulation Supplement… Read more »

2019 Legislative Changes Affecting Community Associations

Deborah M. Casey, CCAL® and Gaela Normile 06/27/2019

By:  Deborah M. Casey, CCAL® and Gaela Normile[1] Happy Summer!  It is hard to believe that 2019 is half over.  July 1 means new laws become effective in Virginia. During the 2019 session of the Virginia General Assembly, CAI’s Virginia Legislative Action Committee (VALAC) monitored over 75 bills that directly or indirectly impacted community associations…. Read more »

We’ve Been Sued! We Need to Sue! What to Expect When Your Association Goes to General District Court

W. Thomas Chappell 06/27/2019
Justice concept

Community associations are not immune from being sued or having to file suit.  Community associations frequently are in court for issues such as the collection of unpaid assessments from residents, disputes with contractors, and covenant and rule enforcement. Many of these disputes are handled in the general district court of the relevant locality.  In Virginia,… Read more »

New Virginia Law Regarding Personnel Records

Anne G. Bibeau 06/17/2019
virginia employment law rules

The Virginia General Assembly passed a new law regarding employers’ personnel records. Effective July 1, 2019, Virginia employers must provide a current or former employee (or his/her attorney), upon request, documents reflecting: Dates of employment with the employer; Wages or salary history during the employment; Job description and job title during the employment; or Any… Read more »

To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review

Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts.  Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating these terms are signed, yet these terms are often misunderstood, not… Read more »

Fill In The Blanks: AIA Documents Anticipate Customization For Your Project

J. Brandon Sieg 05/20/2019
AIA Documents

Various construction-industry organizations, such as the AIA, DBIA, and EJCDC, offer coordinated families of contract documents.  Because every project is unique, those documents anticipate customization by providing blank spaces in certain terms.  Using the AIA family of documents as an example, the very first page of B101-2017, Standard Form of Agreement Between Owner and Architect,… Read more »

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