PART FOUR: Crisis Planning More Generally This is the fourth and last of a multi-part series regarding project fatalities and related considerations for construction companies. Authored by Attorney Neil S. Lowenstein, nlowenstein@wrvblaw.com; 757-446-8672 There is no “one shoe fits all”… Read more
PART THREE: Conducting Fatality Accident Investigations This is the third of a multi-part series regarding project fatalities and related considerations for construction companies. Accident investigation should begin as soon as possible. Typically, companies will want to… Read more
PART TWO: Implementing Your Fatality Response Plan This is the second of a multi-part series regarding project fatalities and related considerations for construction companies. Besides dealing with those regulatory requirements, employers also have the practicalities of dealing with multiple other… Read more
PART ONE: Having a Fatality Response Plan This is the first of a multi-part series regarding project fatalities and related considerations for construction companies. Construction is inherently dangerous, and varying aspects of construction activities even more so. That specter of… Read more
If you are a contractor in Virginia, you may have heard of the “economic loss rule.” This legal rule helps preserve a distinction between contract law and tort negligence. Contract law upholds agreements made between parties, and Virginia courts value… Read more
EFFECTIVE JUNE 23, 2017 FOR THE CONSTRUCTION INDUSTRY The Occupational Safety and Health Administration (OSHA) has issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America’s workers by limiting their exposure to… Read more
For several years, Virginia has been endeavoring to address employee misclassification in the Commonwealth, particularly in the construction industry. In a 2014 Executive Order, the Governor raised concerns that contractors who misclassify employees as “independent contractors” were depriving the Commonwealth… Read more
Changing demands in the construction industry requiring faster project completion cycles, increased demands for the use of BIM (Building Information Modeling), and an increased reliance on design/build project formats, have caused construction and design firms to contemplate merger. Such mergers,… Read more
What are secondary easements? A secondary easement is a right of access to a power line easement for repair and maintenance. The secondary easement is not considered a separate interest, but is a natural incident to the easement itself. The… Read more
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… Read more
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