- Posts by Courtney Moates Paulk
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
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.
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.
A recent federal case reinforces the need for strict compliance with Miller Act notice requirements to secure recovery on a payment bond.
Communications between a general contractor and sub-sub prove critical in enabling a sub-sub to recover directly from the general contractor in this new Virginia Supreme Court case.
The General Assembly, in its 2020 session, passed new legislation (codified at new Virginia Code §11.4-6 and in amended and reenacted Virginia Code § 40.1-29) that makes Virginia general contractors jointly and severally liable for its subcontractors’ employee wages if the general contractor knew or should have known that the subcontractor was not paying its employees. The new law goes into effect on July 1, 2020.
Under new OSHA guidance most employers no longer need to make work-relatedness determinations for employee cases of COVID-19 in the absence of objective evidence of work-relatedness and can focus on increased sanitization and other practices to mitigate the spread of COVID-19.
On March 30, 2020, Governor Ralph Northam issued Executive Order Number 55, titled “Temporary Stay at Home Order Due to Novel Coronavirus (COVID-19).”
States across the county have enacted Stay at Home Orders, each with varying degrees of restriction. The Virginia Stay at Home order is one of the least-restrictive Stay at Home Orders in the region.
As cases of COVID-19 multiply across the country, with new restrictions being handed down from all levels of government on a daily and hourly basis, companies large and small face a variety of challenges in keeping their employees safe while at the same time maintaining business operations. While seeking good employment law counsel is critical as questions arise, below are ten tips for addressing personnel issues in your workplace.
As states and localities update their responses to the COVID-19 pandemic on a daily basis, some states have issued “stay at home” orders, or orders closing all “non-essential” businesses. This blog post provides readers with key takeaways on the applicability of these orders to construction.
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- Kelly Bundy Appointed to the Virginia Safety and Health Codes Board
- Jaime Wisegarver Outlines Labor Department Guidance on Travel Time Pay in Construction Executive
- 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
- Occupational Safety and Health Act (OSHA)
- Department of Labor (DOL)
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- Mechanic's Liens
- Department of Professional and Occupational Regulation (DPOR)
- Fair Labor Standards Act
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- Force Majeure
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
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