Many businesses rely on professionals and laborers retained and assigned through staffing agencies. In a decision released yesterday, the Fourth Circuit Court of Appeals ruled that insurance coverage for the negligent acts of those borrowed employees turns on the language of the insurance policy at issue, not the terms of the staffing agreement between the staffing agency and its client.
A recent Virginia Supreme Court opinion has highlighted the impact of private statutes of limitations in public contract disputes and again confirmed the need to ensure indemnification provisions are drafted to comply with Virginia law.
The various cycles in the real estate market require different legal services. This post discusses four typical phases of the market cycle, legal issues common to those phases, and ways in which contractors can use this understanding to prepare for the future.
The ability to enforce mechanic’s liens rights depends on careful consideration before, during, and after construction. The following ten issues reflect some of the more common issues that arise with liens on construction projects.
Most design and construction contracts contain “dispute resolution” provisions. Some contracts state that the parties must “mediate” a dispute before “litigation” or “arbitration.” Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator. The mediator is not a decision-maker. Rather, the mediator assists the parties through facilitating a negotiation. Some mediators will offer their opinion regarding the likely outcome if the case isn’t resolved through negotiation. Neither party can be forced to settle the ...
Subscribe
Subscribe to Hirschler by EmailRecent Posts
- “No Damages for Delay” Provisions Held Unenforceable
- NLRB ‘Joint Employer’ Rule Delayed Once Again
- AIA Construction Forecast Foresees Cooling Construction Spending
- Virginia Mechanic’s Liens – “Merely Inaccurate” or “Invalid and Unenforceable”?
- Tools to Protect Construction Businesses from the Effects of a Third Party Bankruptcy
- The Death of “Pay-When-Paid” in Virginia: Truth or Rumor?
- A New Trap for Unwary Contractors: Holding Payment on One Project for Claims in Another
- What Employers Need To Know About the OSHA Emergency Temporary Standard on COVID-19 Vaccination and Testing
- Kelly Bundy Appointed to the Virginia Safety and Health Codes Board
- Jaime Wisegarver Outlines Labor Department Guidance on Travel Time Pay in Construction Executive
Popular Topics
- Contracts
- Employment
- Mechanic's Liens
- Legislation
- Department of Labor (DOL)
- Damages
- Occupational Safety and Health Act (OSHA)
- Delays
- Insurance
- Litigation
- COVID-19, Coronavirus Outbreak
- Dispute Resolution
- Safety
- Government Contracts
- Indemnification
- Suretyship
- Records
- Little Miller Act
- Payment
- Procurement
- Department of Professional and Occupational Regulation (DPOR)
- Workforce Development
- Miller Act
- Environmental
- FLSA
- Subrogation
- Licenses
- Negligence
- Tax
- Arbitration
- Mediation
- Scheduling
- Virginia Employment Commission (VEC)
- Fair Labor Standards Act
- Lien Waivers
- Virginia Workers' Compensation Commission
- Force Majeure
- Joint Checks
- Unjust Enrichment
- Uniform Statewide Building Code
- Change Orders
Contributors
Archives
- March 2024
- January 2024
- December 2023
- May 2023
- May 2022
- March 2022
- November 2021
- August 2021
- June 2021
- April 2021
- January 2021
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- November 2019
- August 2019
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016