Attorney: J. Brandon Sieg 08/02/2017
latest news

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 the terms of the parties’ agreement.  For example, if a project owner hires you to… Read more »


Attorney: Neil S. Lowenstein 07/12/2017
latest news

Virginia’s mechanic’s lien process provides potential added security for contractors. A properly perfected mechanic’s lien provides for a secured interest respecting the property’s improvement, which can provide a means of recovery for non-payment that contractors otherwise would not have to secure payment for contract breach claims. Virginia’s code suggests that the mechanic’s lien filing process… Read more »

Claims for Additional Costs and Delays Under the New AIA A201 General Conditions of the Contract for Construction

Attorney John R. Lockard 06/19/2017

The American Institute of Architects (AIA) publishes one of the most widely-used sets of form contracts for use on construction projects.  AIA, which historically has revised the forms every ten years, currently is publishing a new set.  The focus of this article is the new version of A201 “General Conditions of the Contract for Construction.” … Read more »

Federal Contract Blacklisting Rule Repealed

Managing Partner Michael L. Sterling 05/25/2017

On March 27, 2017, President Trump repealed the “Fair Pay and Safe Workplaces” regulations issued by Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).  These “Blacklisting” regulations required contractors to disclose federal employment and labor law violations when bidding, to comply with pay transparency obligations, and to limit… Read more »

Fall Protection: The Right Equipment, Training, and Emphasis Makes a Difference

Attorney George M. Nicholos 04/25/2017

Recent OSHA reporting identifies falling hazards as the leading cause of death on construction projects. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe workplace that complies with OSHA safety and health… Read more »

February Architecture Billings Index (ABI) Inches Upward

Attorney George M. Nicholos & Attorney John Lockard 04/17/2017
business law

The Architecture Billings Index showed a slight increase in billings at U.S. architecture firms in February 2017, reversing a slight decrease in January 2017. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from member firms located throughout the country regarding “work-on-the-boards,” and is compiled by the American Institute of… Read more »

ConsensusDocs Updates 200 Series

Lowenstein, Neil S. 04/11/2017

ConsensusDocs continues to look to expand its use in the construction marketplace with its introduction of new 200 Series forms; the 235 Owner & Constructor Short Form Agreement (Cost of Work) and the 245 Owner & Design Professional Short Form Agreement. They update the prior 2014 versions; and are available at the ConsensusDocs website: http://www.consensusdocs.org/…. Read more »

OSHA’s Final Rule to Protect Workers from Exposure to Respirable Crystalline Silica

Managing Partner, Michael L. Sterling 04/04/2017

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 respirable crystalline silica. 29 C.F.R. section §1926.1153. The rule is comprised of two standards, one… Read more »

Virginias Ongoing Efforts to Address Employee Misclassification by Construction Contractors

John R. Lockard 03/27/2017

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 of taxes and denying workers insurance coverage and other benefits.  By avoiding these costs, such… Read more »

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