Dangers of Arbitration: Decisions Stand Even if Contrary to Law

As recently demonstrated in Uretek, ICR Midatlantic, Inc. v. Adams Robinson Enterprises, Inc. et al., arbitration decisions can be enforceable, even if they are contrary to law and against the parties’ agreement. The Arbitration Though the contractor properly terminated the… Read more

April 2, 2019 | Construction

Importance of Narrowly Tailoring Indemnity Provisions in Construction Contracts

By Karen M. Stemland

Recent caselaw underscores the importance of narrowly tailoring indemnity provisions in construction contracts so they do not run afoul of Virginia Code §11-4.1. That section generally provides that an indemnity provision in a construction contract which purports “to indemnify …… Read more

March 25, 2019 | Construction

Teaming Agreement Created No Enforceable Post-Award Obligations

By Karen M. Stemland

Recent case law underscores the risk that courts will deem teaming agreements unenforceable with respect to post-award obligations. Teaming Agreements A teaming agreement is an arrangement where two contractors join forces to bid on a single government contract. The benefit… Read more

February 22, 2019 | Construction

Bankruptcy in Construction: Protecting Payments from Claw-Backs

By Karen M. Stemland

Payment Claw-Backs Section 547 of the Bankruptcy Code allows a debtor or trustee to recover or “claw-back” certain payments or “preferences” made to a creditor a short time (usually 90 days) before a bankruptcy filing. In the construction context, a… Read more

February 13, 2019 | Construction

Mediation: What Is It And Why Do It?

By Neil S. Lowenstein

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… Read more

January 22, 2019 | Alternative Dispute Resolution | Construction

Final Crane Operator Certification Requirements

By Michael L. Sterling

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… Read more

December 10, 2018 | Construction

General Contractors: Important Licensing Considerations

By Ashley G. Moss

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)… Read more

September 26, 2018 | Construction

Contractor Safety Continues to Improve, but Trends Continue

By Neil S. Lowenstein

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… Read more

September 24, 2018 | Construction

Another Blow To Construction Indemnity Agreements In Virginia

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… Read more

June 25, 2018 | Construction

Can an Architect Be Held Liable for Defects in Construction

It is common on commercial construction projects for the owner to hire the architect to perform services during construction, in addition to designing the project. Among other things, the architect’s construction phase services will typically consist of periodic observations and… Read more

November 29, 2017 | Construction

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