Construction

Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020

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09/24/2020Lowenstein, Neil S.

As previously publicized, the Virginia Department of Labor’s (DOL) Safety and Health Codes Board (Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention became effective on July 27, 2020, but because of their nature would expire unless they or alternatively proposed regulations were made into permanent standards. When the ETS were published, DOL included its… Read more »

Subpoena Power of Arbitrators Over Non-Party Documents

government contracts

07/21/2020Salmon, Daniel

Arbitration is a means for parties to resolve disputes in a more efficient and less costly manner than seeking recourse through the judicial system.  The Federal Arbitration Act empowers the arbitrator to subpoena non-parties and their documents to an arbitration proceeding.  However, there is disagreement among the courts regarding the arbitrator’s power to compel pre-hearing… Read more »

“Zone of Reasonableness” Test Prerequisite Addressed by the Federal Circuit

06/10/2020Lowenstein, Neil S.

The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous – meaning that it is susceptible to more than one reasonable interpretation. Ambiguity does not exist merely because the parties differ in their respective interpretations of the… Read more »

Construction Administration and Site Visits in a Brave New World

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06/04/2020Nicholos, George M.

Construction Administration and Construction Site Visits are difficult things of themselves and with inherent risks imposed by COVID-19 demand additional care and prior planning, particularly for such things as site observations and payment application confirmation that require in-person observation and interaction. To address these additional concerns, the American Institute of Architects (AIA) recently published on… Read more »

Payments Due Subcontractors and Suppliers in Virginia

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05/22/2020Harvey, James R.

Virginia’s law on the payment of subcontractors and suppliers just got some muscles. For years, Virginia had a statute that made it a crime for any contractor or subcontractor “with the intent to defraud” to retain or use funds for any purpose other than to pay persons performing labor or furnishing material on a project…. Read more »

Construction and Virginia’s New Wage Laws

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05/22/2020Harvey, James R.

Of the record number of new laws in Virginia, a trio of wage laws will arguably have the biggest impact on contractors changing the way the construction companies operate in Virginia. Virginia statutes on non-payment of wages, worker misclassification and wage theft all create new administrative penalties and private rights of actions that combine to… Read more »

Virginia’s Mechanic’s Lien Plus Statute: Making those in higher tiers personally liable separate from and regardless of mechanic’s lien rights

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05/18/2020Lowenstein, Neil S.

Within Virginia’s mechanic’s lien article is a little known, and little used, mechanism providing for personal liability of higher tiers separate from that article’s mechanic’s lien rights. The title is “How owner or general contractor made personally liable to subcontractor, laborer or materialman.” It is actually a very simple process; and all it takes is… Read more »

Bid Acceptance Period Extension And Revival

05/08/2020Salmon, Daniel

When publishing a solicitation, the Government Contracting Officer (“CO”) may set a minimum acceptance period, during which offerors must agree to hold open their bid pricing following the submission of their proposals.  Federal Acquisition Regulations (“FAR”) 14.201-6(i), 14.201-6(j), 52.214-15, and 52.214-16 provide the mechanisms by which the CO may do so.  A solicitation’s minimum acceptance… Read more »

Construction and Government Contractors are Critical Infrastructure – Government Guidance to Contractors

Construction of office building on purple sunset with two cranes

03/24/2020Mazzeo, Anthony J.

As we all continue to deal with the rapidly evolving Coronavirus/COVID-19 situation, government contractors should be aware of policy guidance issued by government and DoD leadership that may impact them. On 19 March 2020, the Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) Director issued guidance announcing CISA’s initial advisory list of “Essential… Read more »

Construction Project Team Considerations Regarding COVID-19

03/19/2020Lowenstein, Neil S.

Construction project impacts from the COVID-19 pandemic are far-reaching and continuing to evolve. While every project must be considered individually, below are some issues for construction project team consideration.   -Performance impact issues vary depending on the nature of the project. Moreover, public bodies, at all levels, are developing guidance that need careful monitoring and,… Read more »