Construction Law Blog

As we near the mid-point of 2023, the economic outlook continues to remain uncertain at best. The Federal Reserve continues to raise interest rates, sending ripple effects throughout the markets. While the employment data continues to be strong in most sectors, inflation has only subsided minimally, leaving many to wonder what the remainder of 2023 will bring.

Enactment of new statutory language directly addressing the impact of pay-when-paid provisions in Virginia will become effective January 1, 2023.

New legislation now prevents Virginia contractors from withholding payment on one project to address claims or backcharges on another.

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard (ETS) which requires large employers to implement certain vaccination or testing policies and other measures to protect employees from the spread of COVID-19. OSHA contemporaneously issued helpful FAQs.    

Hirschler is pleased to announce that construction law attorney Kelly Bundy has been appointed to the Virginia Safety and Health Codes Board by Governor Northam. 

In an article published May 28 in Construction Executive, Jaime Wisegarver details guidance from the U.S. Department of Labor (DOL) related to the compensability of travel time for non-exempt employees. While the question of whether businesses are required to pay employees for travel time continues to plague employers, the DOL opinion letter addresses the issue for non-exempt foremen and laborers in three scenarios.

The General Assembly significantly changed the law in 2020 when it imposed potential liability on general contractors for the improper employment practices of their subcontractors. The General Assembly recently modified this law again to provide an express defense to joint liability.

Virginia’s progression toward becoming one of the most employee-friendly states in the country continues with Governor Northam’s recent signing of the Virginia Overtime Wage Act (“VOWA”). The law goes into effect July 1, 2021, so Virginia employers need to take note quickly. 

As of Friday, January 15, 2021, OSHA penalties will increase in accordance with the Federal Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Act”).  

We are beginning to see courts issue rulings on when the COVID-19 pandemic excuses a party from performance. Two trends have emerged in the federal decisions that we summarize in this post. Ultimately, it appears that parties cannot use COVID-19 to excuse obligations that were in their control, but they can expect a thorough and critical analysis of their position.