As foundational as contracts are to the construction industry, many fail to recognize when they have entered into a contract. Misunderstandings about when a contract is legally formed and how it will be enforced can lead to significant obstacles in the event of a dispute. In the following brief Q&A, we examine some common misconceptions and discuss the principles that courts would apply when ruling on contract formation.
Employers faced with possible OSHA violations often want to shift blame to an unruly employee. This is called the defense of “unpreventable employee misconduct.†An employer is not relieved of responsibility simply because an employee did not follow the rules. In order to assert this defense effectively, an employer should take note of these four tips.
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- New Defense to Joint Liability Available to Contractors
- What Employers Need to Know About Virginia’s New Overtime Wage Act
- OSHA Increases Amounts of Civil Penalties for 2021
- Have Force Majeure Defenses Based on COVID-19 Been Successful This Year?
- Kelly Bundy and Liz Burneson Publish Article on Joint Employer Status in Construction Executive
- Kelly Bundy Authors Article for ABA Construction Law Forum’s “Under Construction” Series
- Miller Act Notice More Than 90 Days Before A Subcontractor’s Final Day of Work Held Untimely
- Virginia Supreme Court Allows Sub-Sub Material Supplier To Recover Directly From General Contractor For Unpaid Material
- New Virginia Law Can Make General Contractors Liable for Subcontractors' Employee Wages
- OSHA Changes Course on COVID-19 Record-Keeping Requirements
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