In an article published by Construction Executive on July 21, Hirschler construction lawyers Kelly Bundy and Liz Burneson examine a contractor’s potential liability for employee wages if the contractor is deemed a joint employer with its subcontractors and staffing agencies.
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.
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.
We have previously reported on two bills that would have repealed Right to Work in full (HB153, Del. Lee Carter) and in part (SB426, Sen. Richard Saslaw). Both of these bills have failed in the General Assembly and will not become law. HB153 failed to pass the House Appropriations committee when that committee refused to schedule a vote on the bill before Crossover, the date by which all House bills must be heard in the House (and all Senate bills must be heard by the Senate). The Senate Bill was passed by indefinitely in the Senate Commerce and Labor committee, which means the bill will not be taken up by the Senate before crossover.
The Virginia Senate Judiciary Committee, in a rare showing of bipartisan support, voted unanimously 13-0 on Wednesday night (February 5, 2020) to advance the new “state contract statute of limitations” bill to the Senate Finance Committee for further review and approval. This follows unanimous (and bipartisan) approval of a substantially similar companion bill on Monday afternoon (February 3, 2020) by the House of Delegates Courts of Justice Civil Subcommittee. The House bill will also go to the House Finance Committee for review and approval.
The Senate bill, which is ...
Before this year’s General Assembly Session we wrote about two companion bills that would create a statute of limitations on claims made by the Commonwealth of Virginia on construction and design contracts for state projects.
Yesterday, in a victory for the Virginia construction and design industries, the House of Delegates bill passed, on a bipartisan and unanimous basis, out of the House Courts of Justice Civil Subcommittee, over opposition voiced by the Virginia Department of General Services (DGS), the Governor’s Office, and VDOT.
As Democrats have now taken control of Virginia’s legislature, legislators and pundits have begun to debate repealing Virginia’s Right to Work law. Delegate Lee Carter of Manassas has filed a bill that would repeal Right to Work, House Bill 153. What is Right to Work and what could a repeal of the law mean for you?
The 2019 General Assembly bill, supported by the Hirschler Construction Law Team, that would have created a five-year statute of limitations on public projects, hit a roadblock during the 2019 Session when the House Appropriations Committee requested that the Department of General Services (DGS) conduct a study of the bill over the summer and fall of this year. After considering the findings of a recent survey and series of town hall meetings, the DGS is expected to issue a report by December 31, 2019. In our latest post we discuss the survey findings and our own town hall participation which will impact the DGS’s report.
We have previously written about the Hensel Phelps case here and here and the result in that case arising from the Commonwealth’s complete immunity on state jobs from the normal five-year contract statute of limitations (in Hensel Phelps, a state agency was allowed to bring suit against a general contractor fourteen years after substantial completion). A recent Supreme Court of Virginia case arising in a different context highlights the need for either: (1) the General Assembly to change this law allowing the Commonwealth to bring stale lawsuits; or (2) general contractors to ...
Share your thoughts on a current law that exempts the Commonwealth from the statute of limitations available to written contracts by completing the Virginia Department of General Services's survey by September 6, 2019.
SubscribeSubscribe to Hirschler by Email
- 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
- New OSHA Guidance Suspends Enforcement of Record-Keeping Requirements for COVID-19 Cases in Most Industries
- What the Virginia Temporary Stay at Home Order Means for Your Business
- Ten Tips For Addressing Coronavirus Concerns In Your Workplace
- COVID-19, Coronavirus Outbreak
- Force Majeure
- Occupational Safety and Health Act (OSHA)
- Little Miller Act
- Miller Act
- Dispute Resolution
- Government Contracts
- Workforce Development
- Department of Labor (DOL)
- Mechanic's Liens
- Department of Professional and Occupational Regulation (DPOR)
- Joint Checks
- Unjust Enrichment
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- 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