Construction

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

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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 »

Recent Virginia Supreme Court Decision Impacts Subcontractor Liability

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01/31/2017Vandeventer Black

PART ONE:  Flowing-Down the Statute of Limitations to Subcontractors Last month the Virginia Supreme Court issued an impactful case decision regarding subcontractors’ liability. That decision, Hensel Phelps Construction Co. v. Thompson Masonry Contractor, Inc., in particular, addressed the effect of general subcontract flow-down provisions and reaffirmed prior law on the enforceability of indemnity provisions in… Read more »

General Accountability Office Proposing Fee for E-Filing Protests

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06/14/2016Vandeventer Black

LAW TIPS Dissatisfied bidders and offerors can currently file protests for free electronically, but the General Accountability Office (GAO) is now proposing a $350 fee. The reasons given for the change are to finance the program, including a new system, and seemingly to discourage what the GAO’s considers unnecessary filings that result from the current… Read more »

Supreme Court of Virginia Clarifies Scope of Contractors’ Potential Liability for Design Defects

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04/21/2016Vandeventer Black

The Supreme Court of Virginia recently addressed construction contractors’ potential liability for damages caused by design defects. In William H. Gordon Associates, Inc. v. Heritage Fellowship Church, a church hired an engineering firm to design a rain tank system to provide storm water management for a new sanctuary. The system was designed to be buried… Read more »

Highway Projects Affected by Cargo Preference Act Changes

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04/11/2016Vandeventer Black

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »

Federally-Funded Highway Projects Impacted by Federal Cargo Preference Act Changes Effective as of February 15, 2016

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02/22/2016Vandeventer Black

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »

VDOT RBS 2016 Revisions Summary

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01/12/2016Genzler, Patrick A.

Prepared by Pat Genzler. Click here to download the summary of the VDOT 2016 Road & Bridge Specification Changes – Sec. 100 2016 Revisions. This summary outlines some significant changes in proposed Sections 101 to 109 of the now Final DRAFT by VDOT of the VDOT Road and Bridge Specifications (RBS). 

Provision Agreeing to not Challenge Arbitration Award Voided by Georgia Court

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01/06/2016Lowenstein, Neil S.

Authored by Neil S. Lowenstein An increasingly popular arbitration clause provision is language purporting to waive later challenge to the arbitration award. In a recent decision in Atlanta Flooring Design Centers, Inc. v. R.G. Williams Constr., Inc., 733 S.E.2d 868 (April 2015), the Georgia Court of Appeals held such waiver void and unenforceable. While that court… Read more »

Five Things You Should Know About DoD Cybersecurity Regulations

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11/24/2015Lowenstein, Neil S.

In 2007, a preeminent American defense contractor first reported cyber attacks emanating from China. Four years later, upon a visit by then Secretary of Defense Robert Gates, the Chinese Air Force revealed a fighter jet unnervingly similar to the one manufactured by the hacked American contractor. More recently, the FBI reported in July 2015 that… Read more »