Construction

Supporting Your Position: Progress and Issue Documentation is Time Well Spent

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08/14/2019Lowenstein, Neil S.

Throughout the progression of construction, various things occur that may impact the time or cost of the work. Often, you are aware of those things when they occur; but other times not until later. If you have, and – just as importantly – your field team follows, a consistent policy for documenting progress, you put… Read more »

Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details”

07/20/2019Nicholos, George M.

Whether this well-known proverb is attributed to French Novelist Gustave Flaubert or Modernist Architect Mies van der Rohe, the meaning is likely the same; costly mistakes usually originate in the details of a project. Faced with shrinking design budgets, one of the first corners cut is usually the level of detail in construction documents. Key… Read more »

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

06/04/2019Nicholos, George M.

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 »

Richmond Attorney’s Selected for Inclusion on the 2019 Virginia Super Lawyers List

Statue of justice

04/29/2019Palais, Douglas M.

Vandeventer Black attorney was selected to be included on the 2019 Virginia Super Lawyers list by Thompson Reuters. This renowned rating service considers attorneys from over 70 different practice areas that are nominated based on professional accomplishments and peer recognition. Douglas M. Palais, Securities Litigation Other awarding bodies have recognized Vandeventer Black’s legal team, such… Read more »

Vandeventer Black Attorney’s Selected for Inclusion to the 2019 Virginia Super Lawyers List

Statue of justice

04/26/2019Vandeventer Black

Vandeventer Black attorneys were selected to be included on the 2019 Virginia Super Lawyers list by Thompson Reuters. This renowned rating service considers attorneys from over 70 different practice areas that are nominated based on professional accomplishments and peer recognition.  Also, attorneys from the Norfolk and Richmond offices received the Super Lawyers acknowledgment: Anne G…. Read more »

Mediation: What Is It And Why Do It?

Vandeventer Black

01/22/2019Lowenstein, Neil S.

Mediation is often confused with arbitration. They have similarities, including that both are overseen by third-party neutrals that do not have financial stakes in the outcomes. The key difference is that while arbitration results in the neutral evaluating the outcome (which typically is binding, but by agreement can be non-binding), while in mediation the third-party… Read more »

Final Crane Operator Certification Requirements

12/10/2018Sterling, Michael L.

On November 9, 2018 OSHA issued a final rule revising the Crane Operator Certification Requirements. The final rule is effective on December 10, 2018, except for certain evaluation and documentation requirements that are effective February 7, 2019. Under the final rule, employers are required to train operators as needed to perform assigned crane activities, evaluate… Read more »

General Contractors: Important Licensing Considerations

09/26/2018Moss, Ashley G.

Businesses must become licensed before acting in a contractor’s capacity.  The ability to issue licenses serves an important function of protecting public safety by ensuring that contractors meet established minimum competency requirements.  When applying for licensure, important considerations include (a) where the work will be performed, (b) the type of work the contractor plans to… Read more »

Contractor Safety Continues to Improve, but Trends Continue

Construction of office building on purple sunset with two cranes

09/24/2018Lowenstein, Neil S.

Various aspects of construction are inherently unsafe. The Federal Occupational Safety and Health Administration (OSHA) therefore continues to maintain focus on the construction industry in an ongoing effort to alleviate workplace incidents. Part of that efforts includes inspection and citation for workplace safety violations. For fiscal year 2017 (October 1, 2016 through September 30, 2017),… Read more »

Another Blow To Construction Indemnity Agreements In Virginia

Allegory of justice

06/25/2018Vandeventer Black

In Travelers Indemnity Company of Connecticut v. Lessard Design, Inc. (decided June 12, 2018), the Eastern District of Virginia invalidated an indemnity clause in a contract between an architect and a contractor on the basis it violated Va. Code § 11-4.1, which prohibits certain types of indemnity agreements in construction contracts. Lessard Design, Inc. (Lessard) contracted with… Read more »