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Recent Revisions to AAA Rules

Recent Revisions to AAA Rules

Construction
Vandeventer Black
Authored by attorney Brett Saunders Think about the last major construction project you or your company was involved in.  Chances are, that project was being performed under a contract that contained an arbitration clause.  These clauses require disputes to be resolved through binding arbitration, instead of traditional litigation, and are extremely common in the construction ...
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New Laws Affecting Construction: Part II

New Laws Affecting Construction: Part II

Construction
James R. Harvey
Authored by James Harvey Last time we reviewed recent new laws impacting the validity of mechanic’s lien and bond waivers for subcontractors and suppliers before work is performed. This week, we take a look at the new law intended to correct a court decision that would have prohibited any contractor on a public procurement from even ...
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New Laws Affecting Construction: Part I

New Laws Affecting Construction: Part I

Construction
James R. Harvey
Authored by attorney James Harvey The General Assembly was unusually busy this year in passing legislation that impacts construction and government contracts in Virginia.  This is part 1 of 3 on these new laws every contractor should know: Mechanic’s Liens and Bond Waivers Senate Bill 891 changes Virginia law and now prohibits any attempt to ...
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Department of Justice Releases Cyber Security Best Practices

Department of Justice Releases Cyber Security Best Practices

Vandeventer Black
Authored by summer associate Paul Hawkins Cyber security is a hot topic in today’s news cycle. Whether it was the much-publicized Sony hack, or the very recent compromise of enormous amounts of highly sensitive U.S. government information, these types of incidents have been shown to be extremely costly to organizations. Today, private companies, large and ...
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The Risks of Using Criminal Statutes to Collect Construction Debts

The Risks of Using Criminal Statutes to Collect Construction Debts

Vandeventer Black
The failure to make payment on a construction contract may not only result in a claim for money damages in a civil lawsuit, but it may also result in a violation of a criminal statute.  For example, Code of Virginia Section 43-13 makes it a felony to use funds received for a particular construction project ...
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False Claims Act: The Fourth Circuit's Triple Canopy Decision

False Claims Act: The Fourth Circuit’s Triple Canopy Decision

Megan B. Caramore
Authored by attorney Megan Caramore The False Claims Act, 31 U.S.C. §§3729-3733, also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies (often federal contractors) who defraud the government.  The Act prohibits contractors from presenting the government with a false or fraudulent claim for payment. The Fourth Circuit ...
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Call Miss Utility: Call Who & Why?

Call Miss Utility: Call Who & Why?

Construction
George M. Nicholos
Authored by attorney George Nicholos Prior to excavating on any construction site or most anywhere – Call Miss Utility first!  We have heard the line and seen the words countless times, but what or who exactly is Miss Utility?  And what is the big deal about giving her a call? Miss Utility of Virginia is ...
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Resurgence of Defense Base Act (DBA)

Resurgence of Defense Base Act (DBA)

Vandeventer Black
Authored by attorney Lisa L. Thatch The Defense Base Act is a federal law that extends the Longshore and Harbor Workers' Compensation Act (LHWCA) to apply to certain categories of employees working overseas. There are three general divisions of covered employees: (1) those working on military bases acquired from a foreign government after 1940, (2) employees of contractors ...
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Insurance Coverage for Subcontractor Non-Compliance with Prevailing Wage Laws

Insurance Coverage for Subcontractor Non-Compliance with Prevailing Wage Laws

Construction
Neil Lowenstein
One Court says there is at least a Duty to Defend Authored by attorney Neil Lowenstein Subcontractor non-compliance with prevailing wage laws is unfortunately not uncommon. But might that be covered by the General Contractor's insurance? For one design-build project that included coverage for professional liability a federal court in Washington has said there's at ...
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Prospective Waiver of Lien Rights by Subcontractors & Suppliers

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

James B. Rixey
Authored by attorney Jay Rixey On April 15, 2015, the General Assembly enacted legislation amending Virginia Code § 43-3, providing that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights, right to assert bond payment claims, or the right to assert claims for additional costs in advance of furnishing ...
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The Trouble with Certificates

The Trouble with Certificates

Douglas M. Palais
Authored by attorney Douglas M. Palais Even though issuing certificates is an important part of the service that you provide to your customers, from an E & O standpoint, they must be handled with extreme care.  The following points are not comprehensive, but demonstrate a few of the specific risks and offer some tips to ...
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Protect Your Trademark from Cybersquatters

Protect Your Trademark from Cybersquatters

Jane Tucker
Authored by attorney Jane Tucker  What can you do if someone is using your trademark as a domain name without any legitimate rights to that name (i.e. a cybersquatter)? Filing suit for trademark infringement can be impractical (for example, registrant is in a foreign country) and/or cost-prohibitive (trademark infringement litigation, whether in U.S. or in ...
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You're About to Get Ambushed

You’re About to Get Ambushed

Labor & Employment
Anne G. Bibeau
Authored by attorney Anne G. Bibeau They’re here. For a brief period it appeared the danger had been averted, but no. The National Labor Relations Board’s (“NLRB”) “ambush” election—also known as “quickie” election—rules go into effect on April 14, 2015. The NLRB’s new rules will dramatically accelerate union elections. Whereas previously it could take upwards ...
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Make Sure You're Covered: Report All Claims and Potential Claims

Make Sure You’re Covered: Report All Claims and Potential Claims

Ashley G. Moss
Authored by attorney Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage.  This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge of any claims or potential claims.  Professionals typically fear that notifying the insurer of a ...
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Fourth Circuit Clarifies Federal False Claims Standards in January 2015 Majority Decision

Fourth Circuit Clarifies Federal False Claims Standards in January 2015 Majority Decision

Neil Lowenstein
Authored by attorney Neil Lowenstein Last month the United States Court of Appeals for the Fourth Circuit (which has Federal Court appellate jurisdiction for Virginia, North Carolina, South Carolina, West Virginia, Maryland and the District of Columbia) clarified a number of aspects of Federal False Claim actions. The case is United States, et al. v ...
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Law Tips: Incorporation by Reference

Law Tips: Incorporation by Reference

Dustin M. Paul
Authored by attorney Dustin Paul One of the most dangerous things a business can do is agree to contract terms that it has never read. Hidden in contracts may be a variety of provisions that could become expensive to a project or deal. Contracts may contain a forum selection clause requiring that suit be brought ...
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Are Cyber Attacks an Act of "War" within the Meaning of Liability Policies?

Are Cyber Attacks an Act of “War” within the Meaning of Liability Policies?

Douglas M. Palais
Authored by attorney Douglas M. Palais This question cannot be answered definitively at this time, but should be considered carefully by all insurance professionals. Typical CGL policies exclude acts of terrorism and acts of war. In the past, it was relatively easy to define "war" as hostile military actions by nation states. But today, hostile ...
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Douglas Palais, Co-Author of Virginia CLE "Insurance Law in Virginia"

Douglas Palais, Co-Author of Virginia CLE “Insurance Law in Virginia”

Douglas M. Palais
Douglas M. Palais co-authored Chapter 2: Agents and Brokers of the third edition of the Virginia CLE's "Insurance Law in Virginia." For more information on this publication please visit the Virginia CLE bookstore ...
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Statutory Subcontract Limits & Requirements for North Carolina Subcontracts: The Short Summary©

Statutory Subcontract Limits & Requirements for North Carolina Subcontracts: The Short Summary©

Neil Lowenstein
Authored by attorney Neil Lowenstein1 Below is a short summary of some of the statutory requirements and constraints in the North Carolina code regarding subcontract requirements for North Carolina projects (commercial or public). Pay when paid (NCGS § 22C-2). Performance in accordance with its contract entitles subcontractors to payment (NCGS § 22C-2). Payment by an ...
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North Carolina Mechanic's Lien Rights: The Short Summary©

North Carolina Mechanic’s Lien Rights: The Short Summary©

Neil Lowenstein
Authored by attorney Neil Lowenstein1 Generally speaking, the North Carolina code structure gives two types of liens: 1) a claim of lien on real property; and 2) a claim of lien on funds. Attorney’s fees can also be discretionarily awarded by the court to the prevailing party (NCGS § 44A-35). Perfecting and enforcing lien claims ...
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