Commercial Litigation

The Risks of Using Criminal Statutes to Collect Construction Debts

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07/14/2015Vandeventer 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… Read more »

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

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07/06/2015Caramore, Megan

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… Read more »

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

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06/16/2015Rixey, James B.

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… Read more »

Law Tips: Incorporation by Reference

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03/09/2015Paul, Dustin M.

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… Read more »

New OSHA Reporting Requirements Effective January 1, 2015

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12/22/2014Caramore, Megan

Authored by attorney Megan Caramore On September 11, 2014, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a final rule with respect to new reporting requirements for fatalities and severe injuries.  Previously, the rule required only that employers report fatalities or hospitalizations of three or more workers.  The new rule, which takes… Read more »

Mechanic’s Liens: Part One. Technical Risks

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10/02/2014Vandeventer Black

Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial interpretations of the statutory provisions have made the requirements much more complex than that; and any… Read more »

Mechanic’s Liens: Part Two. Practical Risks

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10/02/2014Vandeventer Black

A mechanic’s lien is a powerful tool to secure payment for construction work.  As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien.  Heads Up Sprinkler lost its mechanic’s lien after five years because it failed to include a statement that it “intended to claim the benefit of the… Read more »

ASBCA Holds that of Contracting Officer’s Decision does Preclude Appeal Challenging Performance Evaluations

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12/09/2013Lowenstein, Neil S.

Authored by attorney Neil S. Lowenstein In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for… Read more »